NEELAM RANI Vs. STATE OF J & K

JUDGEMENT

(1.) Vide advertisement notice No.01 of 2017 dated 20.07.2017 issued by respondent No.2, applications were invited from eligible candidates for participating in the selection process for various posts in the State, Divisional and District cadre. The posts notified for selection included one post of Female Multipurpose Health Worker/ANM under Schedule Caste category in the District cadre Anantnag of Health and Medical Education Department.

(2.) The petitioner along with other eligible candidates belonging to Scheduled Caste category responded to the aforesaid notification. Both petitioner and respondent No.4 were shortlisted for counseling and document verification as per merit acquired by them in the written test. Name of the petitioner figures at serial No.2 whereas name of respondent No.4 figures at serial No.1 of the shortlist so prepared. Upon verification of the documents of the shortlisted candidates, revised selection list of the Scheduled Caste category candidates amongst others was issued by the respondent-Board in which respondent No.4 has been shown as selected, whereas petitioner has been placed in the waitlist.

(3.) The petitioner is aggrieved of the selection of respondent No.4 primarily on the ground that in terms of stipulation No.4 of the provisional shortlist issued by the Services Selection Board on 05.02.2018 for counseling and document verification, the candidates who were placed in the provisional shortlist were required to appear for counseling and document verification on 21st or 22nd February, 2018 (any of the two days) at Central Office, J&K Services Selection Board, Sehkari Bhawan, Panama Chowk Rail Head Complex, Jammu (Jammu based items) and Camp Office, J&K Services Selection Board, Zum Zum Building Rambagh, Srinagar (Kashmir based items) at 10.30 a.m. The petitioner submits that since the selection in question pertains to Anantnag i.e. Kashmir based items, as such, counseling and document verification was to be held in the Camp Office of the respondent-Board situated at Zum Zum Building Rambagh, Srinagar. The petitioner submits that she went all the way to Srinagar and attended the Srinagar office of the Board for counseling and verification of documents whereas respondent No.4 instead of getting her documents verified and attending the counseling in camp office of the Board at Srinagar did it in the central office of the respondent-Board at Sehkari Bhawan, Panama Chowk Rail Head Complex, Jammu. The respondent No.4, thus, had acted in violation of the stipulation No.4 of the notice dated 05.02.2018, as such, her documents should not have been verified at the central office of the Board at Jammu and her candidature should have been rejected. However, she was permitted to attend the counseling and her documents verified in the central office of the Board at Jammu and she was eventually selected in violation of the stipulation No.4 of the notice dated 05.02.2018.