VARINDER SHARMA Vs. STATE

JUDGEMENT

(1.) Petitioner has approached this Court seeking a writ of certiorari to quash the selection of respondent No.5 to the post of Physical Training Instructor (hereinafter to be referred to as 'PTI'), Division Cadre, Jammu and also for a direction to the respondents to consequently appoint him to the said post of PTI Division Cadre, Jammu.

(2.) Brief facts which arise for consideration in this petition are that Service Selection Board issued Advertisement Notification No.06 of 2005 dated 21.11.2005 vide which application were invited for selection to various posts which included the post of Assistant Physical Training Instructor (PTI) Division Cadre Jammu. The said post figured at Serial No.81 of the Advertisement Notice and three posts in total were advertised for Jammu Division though only one post in the Open Merit Category was advertised. The qualification which was prescribed for the said post was 'Graduate with B.P.Ed. from recognized University'.

(3.) Respondent No.2/Board has filed his objections and submitted that this petition is not maintainable as the petitioner having voluntarily participated in the selection process and has taken chance cannot be allowed to turn around and challenge the selection because the result of the selection was not palatable to him. It is submitted by the respondent that the petitioner as per his application form has stated that he was graduate having done Bachelor of Physical Education and Master in Physical Education and is outstanding Sportsman having participated in National Level. The qualification of the petitioner, thus, was given an adequate weight-age strictly in terms of Selection criteria. Selection criteria for the said post of Assistant Physical Training Instructor is as under:-