KHURSHID AHMAD SHEIKH Vs. STATE OF JK

JUDGEMENT

(1.) Despite various opportunities, the respondents have failed to file the reply.

(2.) Petitioner having responded to the Advertisement Notice No. 04 of 2015 dtd. 10/8/2015, Item No. 126, against the post of Driver, under RBA Category, in District Cadre, Kupwara, was selected and recommended for appointment in terms of selection list.

(3.) Deputy Secretary to Government, Animal/Sheep Husbandry Department, in terms of communication bearing No. ASH/AH/NG/52/2010-Part- C dtd. 22/12/2017, sought clarification from the Secretary, Services Selection Board regarding there being only one post of Driver available under RBA category as per the indent dtd. 1/3/2013 and one Bilal Ahmad Wani, having got selected and appointment. Secretary, Service Selection Board in terms of communication bearing No. SSB/Secy/Sel/774-76 dtd. 16/1/2018, while clarifying the position, made mention of Advertisement Notice No. 04 of 2015 dtd. 10/8/2015 for the post of Driver advertised in district Cadre Kupwara, under RBA category and not by Advertisement notice dtd. 1/3/2013. It was clarified that petitioner on the basis of his merit got selected at Serial No. 1 in District Cadre Kupwara against the post which was advertised on the indent of the department, but remained unfilled as Sh Bilal Ahmad Wani got selected under OM category as the said Bilal Ahmad Wani was not eligible to be appointed under RBA category. It is further stated that recommendation and selection of the petitioner though kept withheld for want of some documents, was subsequently released vide communication dtd. 28/8/2015. It was further clarified that the Board re-advertised the RBA post of Driver District Cadre Kupwara, pursuant to advertisement notification No. 04 of 2015 item No. 126 which remained unfilled in the previous process of selection in advertisement notice No. 06 of 2013, item No. 435 and, accordingly after completion of the selection process of item No. 126 (04 of 2015) for the post of Driver District Cadre Kupwara under RBA category, the selection of the petitioner was released and forwarded to Government on 11/9/2017, followed by letter dtd. 11/10/2017. The Board has declared the selection of the petitioner as valid under RBA category. Thereafter, one more clarification was sought from the department vide letter dtd. 26/2/2018 and it was reiterated that one post of Driver in District Cadre Kupwara be re-advertised under SC category instead of OM category. Since the respondents did not act upon the recommendation made in favour of the petitioner, the petitioner was compelled to file the instant writ petition, seeking the following reliefs;