MOHAMMAD GULZAID KHAN Vs. STATE AND ORS.

JUDGEMENT

(1.) WITH the consensus of learned Counsel appearing for the parties, this petition on admission is taken up for final disposal.

(2.) J & K Service Selection Board (hereinafter for short referred to as 'SSB') invited applications for various posts which include two posts of Election Assistant for District Poonch, one for open merit category and one for ALC category. The selection process culminated in selection of two persons i.e. respondent No. 9 in open merit category and respondent No. 10 in ALC category. Petitioner felt aggrieved as according to him he was the most meritorious candidate from the category of ALC but in a malafide manner has been excluded. In the petition, petitioner prayed for quashment of the list so prepared. The petitioner while buttressing the contention of malafides attributable to the respondents, contended that respondent No. 10 Javaid Iqbal had applied for open merit category but was selected for ALC category though he did not belong to ALC category whereas Rajesh Kumar Sharma, respondent No. 9, though belonged to ALC category, having secured more merit, was selected in open merit category.

(3.) FOR ascertaining the truth as to whether there has been any malafide exercise, respondent No. 4 was asked to produce the selection record which has been produced. Perusal of the same would reveal that there has been an element of some favour to be showered upon respondent No. 10 who subsequently has not joined.