Research › Search › Judgment

J&K High Court · body

2014 DIGILAW 101 (JK)

Bilqees Rashid v. State Of J&K

2014-03-10

JANAK RAJ KOTWAL

body2014
1. Question that has been posed by the petitioner is as to whether "co-operative training is an essential qualification for the post of Junior Supervisor/ Sub-Auditor", which is a post borne on Jammu & Kashmir Co-operative Non-Gazetted (Subordinate) Service (hereinafter the Service). 2. Heard. I have perused the record. 3. Facts which are admitted and essential in regard to the above question are briefly these: 4. Pursuant to advertisement notice No.6 of 2005 dated 21.11.2005, petitioner applied for the post of Junior Supervisor/ Sub-Auditor for District Cadre, Anantnag, under open merit category. Private respondents, 4 to 6, also applied for the same post under the same category. Selection process was initiated and completed by the Jammu & Kashmir Service Selection Board (for short the Board). Petitioner had applied on the strength of her qualification as 10+2 and diploma in Co-operative. She got 26.50 points for 10+2 and 9.19 points for diploma in Co-operative and thus obtained total 35.69 points. On the other hand, respondent No.4, on the basis of her M.Sc. degree in Sericulture, obtained 58.28 points, respondent No.5, on the basis of his M.Sc. degree in Chemistry, obtained 57.92 points and respondent No.6, on the basis of his M.Sc. degree in Physics, obtained 56.98 points. Last selected candidate in the open merit category had obtained 56.98 points. In the result, private respondents came to be selected and the petitioner, having secured less than 56.98 points, was not selected. 5. It is admitted ground of both the sides that petitioner possessed diploma in co-operative whereas private respondents did not possess any qualification other than the Master's degree. In this context it needs to be pointed out that in their reply, respondents, Board, in para-3, have stated that the respondents also possess requisite co-operative training but Mr. Khawja stated at the Bar that record made available to him does not show that they had undergone any such training prior to their selection. 6. Mr. Wani, learned counsel for petitioner, would say and focus of his argument was that co-operative training like possessing diploma in co-operative is essential qualification for being eligible for appointment as Junior Supervisor/ Sub-Auditor and the same was accordingly stipulated in the advertisement notice. On the strength of this argument, Mr. 6. Mr. Wani, learned counsel for petitioner, would say and focus of his argument was that co-operative training like possessing diploma in co-operative is essential qualification for being eligible for appointment as Junior Supervisor/ Sub-Auditor and the same was accordingly stipulated in the advertisement notice. On the strength of this argument, Mr. Wani submitted that since the private respondents did not possess qualification of cooperative training they were not eligible for the post, their selection and appointment is liable to be quashed and in the result petitioner being the only candidate possessing diploma in co-operative is entitled to be selected against one of the post to be vacated by the private respondents. 7. Per contra, Mr. Khawja, learned counsel for the Board, submitted and sought to point out in reference to the Rules that co-operative training or any related qualification is not essential for being eligible for appointment to the post and what the rules require is that selected candidates will have to undergo the said training after selection. 8. Method of recruitment and requisite qualification for a post borne on the cadre of the Service is governed by the Jammu & Kashmir Co-operative Non-Gazetted (Subordinate) Service Recruitment Rules, 1983 (for short the Rules). Qualification and method of recruitment is provided in Schedule I and Schedule II of these Rules and the post of Junior Supervisor/ Sub-Auditor figures at class III(b) of Schedule II. Class III(b) may be extracted in extenso: Class Category Designation Grade Minimum Qualification for direct recruitment Method of recruitment 1 2 3 4 5 6 III (b) Junior Supervisor/ Sub-Auditor 410-700 (old) 800-1500 (Revised) 10+2 examination or its equivalent from any recognized University or Board of Examination (i) By direct recruitment on the basis of selection made by the concerned recruitment board in the manner as provided from time to time, co-operative training will be necessary for the selected candidates. (Emphasis supplied) 9. On its bare reading the schedule in this regard would show that the only requisite qualification for the post of Junior Supervisor/ Sub-Auditor is 10+2 examination or its equivalent from any recognized university or board of examination, whereas cooperative training in no way can be taken as the requisite qualification for the post. What is required under the Rules is that a selected candidate will have to undergo co-operative training which certainly is a stage after selection. What is required under the Rules is that a selected candidate will have to undergo co-operative training which certainly is a stage after selection. It was so stipulated under the Advertisement Notice that "Co-operative training is necessary for selected candidates". 10. Question raised by the petitioner, as a matter of fact, had earlier been raised before this court in Prabha Gupta v. State and others, 2008 (3)JKJ 548 [HC] in similar fact situation. A coordinate Bench of this court (Nargotra, J) in that case has very clearly held that:- 8. "From the bare reading of the above rule, it transpires that the post of Junior Supervisor/ Sub Auditor can be filled up by direct recruitment and the minimum qualification required to be possessed by a candidate to be eligible for selection as a direct recruit is 10+2 Examination or its equivalent from any recognized University or Board of Examination. It is also manifest that the method of recruitment. envisages that recruitment shall be on the basis of selection to be made by the concerned selection Board in the manner as provided from time to time. It also stipulates that Co-operative Training will be necessary for the selected candidates. 9. Whether such stipulation can be construed to be a condition precedent for a candidate to be eligible for being selected for appointment/ recruitment. In my considered view it would not be so. The word `recruitment' contemplates in itself two incidents, one, the selection and the other the appointment. The said stipulation for having been incorporated in the method of recruitment therefore, can apply to the selected candidates who are to be appointed and not to the candidates who may be selected, which is further clear from the expression `selected candidates' used in the method of recruitment. The qualification prescribed in the rule under the Heading Minimum qualification for direct recruitment being 10+2 examination or its equivalent from any recognized University or Board of Examination is the eligibility qualification for selection of a candidate, for appointment. Thus a candidate who possess 10+2 examination or its equivalent from any recognized University or Board of examination would be eligible for selection for the post, but after selection he can be appointed only when he has under-gone cooperative training if not already so trained." 11. For the aforementioned, the writ petition is dismissed as without any merit along with all connected CMPs. For the aforementioned, the writ petition is dismissed as without any merit along with all connected CMPs. Interim direction shall stand vacated.