ASHUTOSH SHARMA Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) The appointment of respondent No. 3 as Principal, Physical Education College Naseem Bagh Ganderbal Srinagar, is being sought to be nullified. A writ of quo warran to is sought. The circumstances under which this petition has come to be filed in this court be noticed.

(2.) Petitioner submits that he possessed degree in M.P.Ed. He further submits that he has undergone diploma course from National Institute of Sports at Patiala. He was initially appointed as Physical Training Instructor (Non- Gazetted) on 15th of Dec. 1964. He was appointed in Govt. Degree College Kathua. He submits that he has organised several National and International competitions in India and abroad. He is said to have visited as many as fifteen countries in connection with sport events. At the time of filing of writ petition, petitioner was holding the post of Instructor Physical Education (Selection Grade). Petitioner submits that he is senior to respondent No. 3. Respondent No. 3 came to be appointed against non-gazetted post on 19th of June 1969. He was later on, as per the petitioner, appointed against gazetted cadre on 1st of Nov., 1971. It is the case of the petitioner that he and respondent No. 3 are borne on common seniority list. He submits that even though respondent No. 3 was junior to the petitioner, he has been given promotion to the post of Principal, Physical Education referred to above.

(3.) Objections preferred by the State.