SHABIR AHMAD BABA Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONERS in all numbering 16 have challenged selection of teachers of the District Budgam, pursuant to advertisement notice 5 of 1998 dated 6.6.1998 (Anx -PA), on the ground that the petitioners, who applied for the posts and were interviewed, were not selected inspite of their superior qualification and merit. They fared well and are ahead of the selected candidates. The petitioners despite possessing all the proficient in teaching their respective subjects in urdu, were not picked up and on the other hand candidates with lesser qualification and merit and many even lacking essential qualifications, have been selected. Dropping of the petitioners and selection of the respondents 4 to 19 is discriminatory and violates the fundamental rights guaranteed to the citizens under the Constitutions, the selected list has been prepared quite capriciously without following the prescribed Criteria and without adhering to the essential qualifications as prescribed in Anexure PA. In fact, the selection is colourable exercise of power and suffers from non -application of mind.

(2.) ON these grounds, writ of certiorari to quash this selection list prepared pursuant to advertisement notice Anexure PA for District Budgam and mandamus for commanding the respondents to include petitioners in the selection list and appoint them as Teachers, is prayed for.

(3.) THE writ petition has been admitted to hearing on 21.4.1997. Respondents other than 1 to 3 State, Secretary Subordinate Service Selection Board and District Education Officer Budgam, have been given number of opportunities to file reply, but no reply has been filed till date and the case is being listed for hearing pursuant to the bench order dated 10 -10 -1997.