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J&K High Court · body

2009 DIGILAW 515 (JK)

Mohd. Gulzaid Khan v. State

2009-10-29

MOHAMMAD YAQOOB MIR

body2009
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. During the course of arguments learned counsel for the active parties while projecting their case, stated that respondent No. 10 has not joined the service. 4. 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. 5. Perusal of the record as produced would reveal that five candidates, namely, Mohammad Gulzaid Khan (petitioner), Mohammad Shamim, Qasim Ali, Rajesh Kumar Sharma (respondent No.9) and Syeda Akhtar from District Poonch had applied under ALC category, so were interviewed whereas in another list five candidates interviewed were shown in open merit category, namely: (1) Faried-ud-Din Ahmad, (2) Javed Iqbal, (3) Maqsood Khan, (4) Mohammad Arhe, and (5) Mohammad Azad. In the column of category of the open merit category list, serial No.2, 3 and 4 have been shown belonging to as ALC category. In the said list Javed Iqbal is shown to have secured 48.31 marks whereas Maqsood Khan is shown to have obtained 46.73 marks. In the column of category of the open merit category list, serial No.2, 3 and 4 have been shown belonging to as ALC category. In the said list Javed Iqbal is shown to have secured 48.31 marks whereas Maqsood Khan is shown to have obtained 46.73 marks. SSB on scrutiny have noticed this position, so have decided in 32nd Board meeting that interview of candidates in ALC category will be re-conducted as the candidate who was coming within the selection zone under ALC category did not produce/attach his ALC certificate at the time of interview. 6. The short list of the ALC category candidates to be re-interviewed for the post of Election Assistant District cadre Poonch were (1) Mohammad Gulzaid Khan (petitioner), (2) Qasim Ali, (2) Rajesh Kumar Sharma (respondent No.9) and (4) Maqsood Khan. The Selection Committee constituted comprising of three members have re-interviewed these four candidates as is clear from page 36, 37 and 38 of the record as produced. Consequent thereof, at page 39 list of these four candidates has been prepared along with marks secured by them, same is reproduced here-under:- S. No. Name of candidate Percentage of marks 1. Mohammad Gulzaid Khan S/O Mohammad Zaman Khan R/O Dhargloon Poonch. 43.84 2. Qasim All S/O Shabir Hussain R/O Plera Poonch 43.90 3. Rajesh Kumar Sharma S/O Chajju Ram R/O Harni Galhota Poonch 51.66 4. Maqsood Khan S/O Mohammad Yousuf R/O Qasba Haveli Poonch 47.23 7. Rajesh Kumar Sharma (respondent No.9) who has secured 51.66 marks though belongs to ALC category but as per rules having secured more marks has been selected in open merit category. The selection of respondent No. 10 Javed Iqbal shown to have been selected in ALC category is totally surprising when in the list of re-interviewed candidates, he does not figure. Though he is shown to have secured 48.31 marks but same is in the open category when in the open category respondent No.9 Rajesh Kumar Sharma, though belong to ALC category but had secured 51.66 marks, was taken in open merit category, therefore, one post which was for ALC category would go to one among the rest of three candidates in accordance with merit, that has been totally ignored. The selection of respondent No. 10 Javaid Iqbal in ALC category is totally illegal and has been selected for reasons best known to the SSB. The selection of respondent No. 10 Javaid Iqbal in ALC category is totally illegal and has been selected for reasons best known to the SSB. Since it is not made clear as to whether any appointment order was issued in his favour but one thing has been clarified by the learned counsel that he has not joined the service, rightly so, otherwise same could have serious consequences. 8. In the upshot the selection of respondent No. 10 Javid Iqbal in the category of ALC being illegal is quashed. The same vacancy is required to be supplied by one out of the remaining three candidates re-interviewed in accordance with merit, but since other two candidates have not challenged the selection of respondent No. 10, therefore, shall be supplied by recommending the petitioner for such appointment. SSB, as such, shall recommend the petitioner for appointment within three weeks. 9. Petition succeeds and is disposed of accordingly. 10. Record as produced by Mr. Shukla be returned to him by Court Secretary against proper receipt. However, Mr. Shukla shall provide attested photocopy of the page Nos,29, 35 to 38 and 44 which shall be made part of the record.