NISHANT GUPTA Vs. STATE OF J&K AND ORS

JUDGEMENT

(1.) The respondent No.6 is not served. It is submitted by Mr. Abhinav Sharma, learned counsel for the appellant that irrespective of the view that this Court would take on the challenge made in the judgment dated rd of November, 2018 dismissing SWP No.2574/2017 in limini, the right of the respondent No.6 to appointment shall remain protected. In view thereof, this appeal is taken up for consideration with the consent of learned counsel for the parties who are present in the Court.

(2.) The appellant has assailed the order dated 3rd of November, 2017 whereby his writ petition challenging the appointment of private respondent No.6 before us, in open merit category, (though he had applied as a candidate in the RBA category), was rejected in limini.

(3.) In the selection process conducted pursuant to notification dated 19th of March, 2016 by the Public Service Commission for ten posts of Lecturer (10+2) in the discipline of Bio-technology, seven posts in the OM (open merit category), two posts in the RBA (Resident of Backward Areas) and one for SC (Scheduled Caste Category), the appellant featured at Sr. No.7 in the open merit category in the select list which was prepared. However, the Public Service Commission amended the select list by a notification dated 16th of October, 2017.