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J&K High Court · body

2009 DIGILAW 516 (JK)

Jagdish Singh v. State

2009-10-29

MOHAMMAD YAQOOB MIR

body2009
1. J&K Service Selection Board (hereinafter for short referred to as SSB) invited applications for various posts which include two posts of Culture Assistants for District Kathua in the grade of 3050-4910. The qualification prescribed is as under: "Matric having experience in playing Tabla/Dholak and Actopad and one post female singer". 2. The selection process, culminated in the selection of two candidates, namely, Ajay Kumar, respondent No.3 and a female candidate, namely, Reeta Rani who is not the party nor is any grouse claimed against her. 3. Case of the petitioner is that he has done 10+2 and has done his Visharad and Bhaskar in music from Pracheen Kala Kendra, Chandigarh and has also performed not only in the State but also outside the State which also include performance on stage at various public functions. Petitioner has also contended that he is performing regularly at All India Radio/Doordarshan, Jammu, so has been approved by Radio Kashmir, Jammu in the field of folk, Dholak and Accompt, still has not been selected, instead respondent No.3 has been selected only on the ground, of his being postgraduate in science. In addition petitioner has contended that he faired well in the interview, so had every expectation of selection but, Selection Committee has not acted fairly as they have not adopted a rationale criteria for selection. 4. Respondent SSB in the reply have in detail given the reasons for selection of respondent No.3 and have shown as to what was the method and criteria adopted for the selection. According to criteria applied the petitioner obtained only 38.66 points whereas respondent No.3 obtained 59.51 points, so based on higher merit respondent No.3 was selected. 5. The contention of learned counsel for the petitioner that there could be no weightage for additional qualification, is bereft of any legal sanctity because the minimum qualification prescribed is matric. So far as additional qualification is concerned, points were to be given. In the Advertisement Notice in clause III(c) it is clearly indicated that the qualification prescribed is minimum, so qualification of matric was not the only qualification prescribed. The criteria as has been adopted by SSB in its 46th meeting held on 24.9.2005 vis-a-vis the post of Cultural Assistant is reproduced herein-below:- Department: Information Name of the post with cadre: Cultural Assistant Qualification prescribed in Recruitment Rules: Matric with experience in musical instruments especially in Tabla/Rabab. The criteria as has been adopted by SSB in its 46th meeting held on 24.9.2005 vis-a-vis the post of Cultural Assistant is reproduced herein-below:- Department: Information Name of the post with cadre: Cultural Assistant Qualification prescribed in Recruitment Rules: Matric with experience in musical instruments especially in Tabla/Rabab. Preference will be given to candidates who are proficient in music and stage acting also. Proposed Criteria:- Weightage to malric 30 pts. 10+2 5 pts. Graduation 10 pts. Post Graduation 15 pts. Experience Parti. Region=5 State= 10 Nation=20 pts. Viva-Voce ________________ 10 pts Total = 100 pts. Adopted Criteria Weightage to matric 30 pts. 10+2 (Addl) 5 pts. Degree (Addl) 5 pts. Degree in Music & Fine arts (Addl) l0pts. Post Graduation (Addl) 10 pts. Post Graduation in music & Fine Arts 15 pts. Parti. Region=5 State=10 Nation=20 20 pts. Viva- Voce___________________20 pts Total 100 pts. 6. The record as produced clearly indicates that in a most transparent manner selection has been made. It has been clearly indicated as to how marks have been awarded for interview, basic qualification and additional qualification. The Selection Committee comprising of three members has clearly shown as to how many marks have been awarded to the aspirant candidates who were four in number. No question of malafides is discernible from the perusal of the record. 7. Grouse of the petitioner that he was more meritorious is totally misplaced. It is the respondent No.3 who in the best wisdom of the Selection Committee has been found to be meritorious among the male candidates. The same position has been categorically made clear. The method and criteria for selection has been applied properly. Weightage for 10+2 as well as additional points for participation have been awarded to the petitioner as both petitioner and respondent No.3 have only participated at regional level so have been awarded 5 points each. The criteria applied is totally rationale so is not open to question. That apart, the petitioner after having actively participated in the selection process has not challenged the Advertisement Notice or the method of selection until he could not find his selection, therefore, cannot now turn round to say that the process of selection was bad or the criteria adopted was irrational. 8. In the given facts and circumstances of the case petitioner cannot be permitted to challenge the process of selection including the method and criteria adopted. 8. In the given facts and circumstances of the case petitioner cannot be permitted to challenge the process of selection including the method and criteria adopted. The judgement delivered by the Honble Apex Court in case titled Dhananjay Malik &. Ors v. State of Uttaranchal & Ors (2008(2) Supreme 328) squarely applies to the present case. Therefore, the petition deserves dismissal, same is dismissed. Record be returned to the learned counsel for the respondent Service Selection Board.