PAWAN KUMAR Vs. STATE AND ORS

JUDGEMENT

(1.) Present Letters Patent Appeal has been preferred against the judgment and order dated 17.11.2016 passed in SWP No.2427/2011. Briefly stated the material facts as under.

(2.) The Jammu and Kashmir Service Selection Board issued an advertisement notice No.3 of 2006 dated 28.12.2006, inter alia, inviting applications from eligible candidates for the post of Dental Assistants for District Cadre Rajouri, Doda and Poonch. Both the appellant and the respondent No.3 applied under the Scheduled Caste category. Whereas the appellant applied in his home District Rajouri, respondent No.3 applied in three districts i.e. Poonch, Rajouri and Doda. It is pertinent to mention that the home district of respondent No.3 is Doda.

(3.) Respondent No.3 came to be selected as Dental Assistant for District Rajouri. The appellant, however, could not make up the merit for District Rajouri, inasmuch as, the respondent No.3 stood at Serial No.1 in merit panel and the appellant at Serial No.2. In the background of the aforementioned facts, the appellant filed a writ petition before the Writ Court and invoked the provisions of the Jammu and Kashmir Subordinate Services Recruitment Rules, 1992 as amended vide SRO 343 dated 13.10.2004. Rule 13(ii) post amendment envisaged thus: