SADAF FAYAZ Vs. STATE OF J & K

JUDGEMENT

(1.) The petitioner has filed this petition for issuance of a writ of mandamus commanding the respondents, i.e., the Services Selection Board and the authorities of the School Education Department, to recommend and appoint her against one of the posts of Lab. Assistants in District Anantnag which have remained unfilled on account of non- joining of the selectees pursuant to advertisement notice no.781 (10 of 2013).

(2.) The case of the petitioner is that she had offered her candidature for the post of Laboratory Assistant available in the School Education Department in District Anantnag, advertised by the Services Selection Board in terms of advertisement notice no.781 (10 of 2013). In all eight such posts were advertised with the break up of 05 posts in OM, 01 post in RBA, 01 post in SC and 01 post in ST category. The petitioner was an OM category candidate. It is averred in the petition that after the conduct of the written test and viva voce, the Selection Board prepared and forwarded the select list of 08 candidates to the Education Department vide communication no.SSB/Secy/Sel/2015/11977-83 dtd. 16/11/2015. Pursuant thereto, the Director, School Education, Kashmir, in terms of notification no.DSEK/NT/LA/506/2016/AA/398-99 dtd. 22/2/2016, directed the selectees to deposit the requisite original and self attested certificates in the Directorate within 10 days. According to the petitioner only 2 candidates in the OM category deposited their documents with the Directorate and they were appointed vide order no.398/DSEK of 2016 dtd. 18/3/2016, leaving 03 posts in the open merit category unfilled. The petitioner claims that in the 10+2 Examination she had secured 533 marks out of 750 marks and feared well in the written test and the viva voce; whereass the selected candidates, as is evidenced by Annexure A to the petition, which is the appointment order of the selectees, had obtained far less marks in the 10+2 Examination, viz. 344/600, 380/600 and 382/750, respectively, and, therefore, she had a right to be selected and appointed against one of the left over vacancies. Hence this writ petition for the relief first above mentioned.

(3.) The respondents of the Selection Board in their reply have stated that in the selection process the petitioner obtained 67.1111 points whereas the last selected candidate obtained 69.222 points, and that the candidate who figured in the waiting list obtained 69.1111 points. It is further stated that the School Education Department did not make any communication with the Selection Board regarding non-joining of any selected candidate. It is also stated that in order of merit there were four other candidates between the petitioner and the last selected candidates.