SHEIKH MOHD MUSHARAF Vs. STATE OF J&K

JUDGEMENT

(1.) THE posts of prosecuting officers in the J and K police came to be advertised by respondent No. 2 vide notification No : Estt/pros -9/91/37224 -94 dated : Sep -tember,10 -1991, the petitioners three in number who are Bachelors of Law and stand enrolled as Advocates since March,1988, September 1989, and Feb. 1988 respectively, being fully eligible, applied for the said posts. They underwent the physical measurement and were found physically fit as per the physical standards prescribed in the advertisement notice, consequently competed in outdoor test having succeeded in the said test were allowed to appear in the written test and succeeded in the said test also. What has brought them to the court is their failure in the viva -voce. The case of the petitioners is that they had faired well in the viva -voce and were due for selection but selection and appointment was denied to them with a view to allow the respondents 4 to 6 to steal a march over them and are aggrieved of selection / appointment of respondents 4 to 6 and their non selection and through the medium of this writ petition they seek quashment of selection / appointment of respondents 4 to 6, re -assessment of the interse merit and their appointment in consequence to advertisement notice of 1991.

(2.) WRIT petition has been admitted on 5 -4 -1994 and the respondents were provided six weeks to file counter but they failed to file the counter, time to file the counter was extended by three weeks finally by virtue of order dated 26 -5 -1994, the order as under:

(3.) THE petitioners have based their challenge to the eligibility of the respondents 4 to 6 in the light of educational qualification which has been prescribed in terms of aforementioned advertisement notice and the relevant clause of the said notice is reproduced here under: