LAWS(J&K)-2009-4-76

KARAN SINGH Vs. STATE & ORS

Decided On April 20, 2009
KARAN SINGH Appellant
V/S
State And Ors Respondents

JUDGEMENT

(1.) Posts of College Lecturers in various subjects including Urdu have been notified by the State Public Service Commission vide notification No. 1-PSC of 2005 dated 21.2.2005. The essential qualifications required for the post are as under:-

(2.) The petitioner states that vide the said notification applications from the permanent residents of the State have been invited but it has confined the opportunity only to in-service candidates and defines the said expression to mean and include "Post Graduate Lecturers of Higher Secondary Schools/Head Masters/Zonal Education officers/Additional Zonal Education Officers/Zonal Education Planning Officers having teaching experience of 5 years at Higher Secondary level in the subject concerned."

(3.) The petitioner is aggrieved that it denies equality of opportunity for consideration of the said post to all other candidates, in-service or otherwise, and, therefore, violates Articles 14 & 16 of the Constitution. The petitioner further states that cent percent reservation made in favour of in-service candidates consisting only of the Post Graduate Lecturers of Higher Secondary Schools/Head Masters/Zonal Education Officers/Additional Zonal Education Officers/Zonal Education Planning Officers is invalid and otherwise contrary to law. The Public Service Commission does not have any power to make such reservation nor does the Government have any such power.