JUDGMENT : 1. Following reliefs are claimed in the instant petition: - i) A writ of certiorari quashing Notice No. SSB/Sel/Secy/1394 dated 30.05.2012 issued by respondent No. 3 by virtue whereof the selection of petitioner for the post of Physiotherapist in Health and Medical Education Department, Divisional Cadre Kashmir was withdrawn and cancelled and respondent No. 4 was directed to produce the bonafide and Migration Certificate for her selection against the post of Physiotherapist. ii) A Writ of Mandamus directing the official respondents to select the petitioner to the post of Physiotherapist in Health and Medical Education Department, Divisional Cadre Kashmir and recommend name of petitioner for issuance of appointment order in her favour. 2. As per averments in the petition, respondent No. 3 issued Advertisement Notice No. 8 of 2010 dated 24.12.2010 inviting applications for different posts including the post of Physiotherapist Divisional Cadre Kashmir. Petitioner, claiming to be holding Bachelors Degree in Physiotherapy from Dr. Bhim Rao Ambedkar University, Agra and Masters Degree in Physiotherapy from Ch. Charan Singh University, Meerut applied for the post of Physiotherapist Divisional Cadre Kashmir. Petitioner was shortlisted and called for interview under Open Merit Category though she had applied under Reserved Category of Scheduled Caste. She figured at Serial No. 14 of the shortlist in Open Merit Category. Petitioner appeared before the Selection Committee and was interviewed on 1st February, 2012. Respondent No. 3 issued provisional select list wherein petitioner was selected as Physiotherapist under the Reserved Category of Scheduled Caste. It is claimed that the petitioner was not directed to produce the bonafide and Migration Certificates from concerned institutes but despite the same, respondent No. 3 issued impugned notice dated 30th May, 2012 by virtue whereof provisional selection, of petitioner was withdrawn and cancelled ab initio and respondent No. 4 was directed to produce bonafide and Migration Certificates. Petitioner claims to have filed representation before respondent No. 3 and annexed copies of bonafide and Migration Certificates with the representation. Administrative Officer of J&K Service Selection Board Jammu (hereinafter to be referred to as “the Board”) forwarded the representation of petitioner to respondent No. 3 for consideration which, however, did not yield fruit.
Petitioner claims to have filed representation before respondent No. 3 and annexed copies of bonafide and Migration Certificates with the representation. Administrative Officer of J&K Service Selection Board Jammu (hereinafter to be referred to as “the Board”) forwarded the representation of petitioner to respondent No. 3 for consideration which, however, did not yield fruit. Aggrieved thereof, petitioner has assailed the impugned Notice dated 30th May, 2012 on the ground that neither in the provisional shortlist nor in the provisional selection list, petitioner was asked to produce the bonafide and Migration Certificates; instead petitioner was asked to produce all original certificates before the selection Committee which she did and she was selected provisionally after verification of the documents; that after her provisional selection, official respondents issued the impugned notice withdrawing and cancelling her selection without giving an opportunity of being heard to petitioner; that the Administrative Officer of the Board had recommended the case of petitioner for final selection, thus, the impugned notice could not be sustained. 3. Respondent Nos. 1 to 3 have filed objections contesting the petitioner's claim on the ground that the petitioner had failed to present the bonafide certificate in the prescribed format before the Selection Committee and was, therefore, included in the provisional select list subject to production of bonafide certificate from B.R. Amdekar University as per proforma of the Board and Migration Certificate. It is further pleaded that the terms and conditions for selection had been incorporated in the Advertisement Notification, Clause VI(j) whereof read as under; “The degree/diploma obtained through distance mode/study centre mode except from IGNOU and DOEACC/MANU, shall not be entertained/considered unless such degrees/diploma are recognized by University of Kashmir/University of Jammu/State Board of Technical Education, J&K as clarified by the Higher Education Department vide their OM No. HE/LEGAL/2010 dated 30.03.2010 and such candidates are advised to produce bonafide certificates (provisional cum character certificate) from the concerned campus/institute at the time of interview, otherwise they will not be entitled to appear in the interview and their candidature shall stand automatically cancelled.” 4. Bonafide Certificates had to be produced by the candidates from the respective Universities in the format prepared by the respondents.
Bonafide Certificates had to be produced by the candidates from the respective Universities in the format prepared by the respondents. It is pleaded that despite having been asked to produce bonafide certificate in the prescribed format and despite observing in the remarks column against the name of petitioner in the provisional select list that she was required to produce the bonafide certificate in the prescribed format, petitioner failed to submit the same and was dropped during finalization of the select list. Private respondent No. 4 who was next in order of merit, was selected in place of petitioner. It is further pleaded that the provisional selection of petitioner had been subjected to production of bonafide certificate in the prescribed format besides Migration Certificate but the petitioner failed to comply with the said condition within the stipulated time of fifteen days from the date of issuance of provisional select list. It is further pleaded that the copies of provisional select list published in “Rising Kashmir”, “Greater Kashmir” and “Kashmir Images” issues dated 24.02.2012 clearly incorporated the stipulation that the petitioner was provisionally selected subject to production of bonafide certificate in the prescribed format and Migration Certificate. Same condition was incorporated in provisional select list published on the Official Website of the Board. Representation filed by petitioner was considered and rejected by the Convenor of Selection Committee which was placed before the Board in 93rd Board Meeting held on 07.03.2012 and confirmed by the Board. It is further pleaded that the bonafide certificate produced by petitioner along with the representation was not in the prescribed format and had been issued only for the purpose of undergoing internship programme. Thus, it is pleaded that no legal or constitutional rights of petitioner have been violated and reliance placed by her upon recommendation of Administrative Officer of the Board is of no consequence as the Administrative Officer of the Board is not involved in the selection process directly or indirectly and has no authority to make suggestions or recommendation regarding claims of candidates. 5. With the consent of learned counsel for the parties, the matter was taken up for final consideration at the admission stage. 6. Heard learned counsel for the parties and perused the record submitted by Mr. K.M. Bhatti, Advocate representing the official respondents. 7.
5. With the consent of learned counsel for the parties, the matter was taken up for final consideration at the admission stage. 6. Heard learned counsel for the parties and perused the record submitted by Mr. K.M. Bhatti, Advocate representing the official respondents. 7. It is not in controversy that the petitioner as also respondent No. 4 were called for interview for the post of Physiotherapist Divisional Cadre Kashmir on the basis of their academic merit evaluated in terms of the eligibility criteria laid down in the Advertisement Notice. No documents were required to be enclosed with the application forms which were designed in OMR/ICR Technology. The candidates were required to produce all original certificates before the Selection Committee at the time of interview. Failure to produce the testimonials would result in forfeiture of candidature. Any deficiency with reference to eligibility would render the candidate as disqualified. It is also not disputed that the petitioner was shortlisted for interview on the basis of information provided in the application form. Admittedly petitioner did not produce the bonafide certificate in prescribed format at the time of interview before the Selection Committee. However, she was included in the provisional select list which was subjected to specific condition that the selection is subject to production of bonafide certificate from B.R. Ambedkar University as per proforma of the Board and Migration Certificate. The terms and conditions incorporated in the Advertisement Notification clearly laid down that the degrees/diplomas obtained through Distance Mode/Study Centre Mode except from IGNOU and DOEACC/MANU shall not be entertained/considered unless the same are recognized by University of Kashmir/University of Jammu/J&K Board of Technical Education. Such candidates were advised to produce bonafide certificates from the concerned institutes at the time of interview otherwise their candidature was liable to be cancelled. Respondents appear to have devised a format available on its website for use of candidates who were required to obtain bonafide certificates on the said format. It is the specific plea of respondents that the petitioner did not abide by the specific condition laid down in Advertisement Notification in this regard.
Respondents appear to have devised a format available on its website for use of candidates who were required to obtain bonafide certificates on the said format. It is the specific plea of respondents that the petitioner did not abide by the specific condition laid down in Advertisement Notification in this regard. It appears that the respondents permitted the petitioner to be interviewed but incorporated in remarks column of the provisional select list that the provisional selection of petitioner, who was placed in Scheduled Caste Category, was subjected to production of bonafide certificate from B.R. Ambedkar University as per proforma of the Board and Migration Certificate. The provisional select list was published in print media and also uploaded on the Official Website of the Board. It is not disputed that the petitioner had not produced the bonafide Certificate and Migration Certificate within the stipulated period. Petitioner's contention that she was never asked to produce the bonafide and Migration Certificates from concerned institutes, therefore, cannot be countenanced. It emanates from the averments in the petition that the petitioner annexed copies of bonafide and Migration Certificates with her representation which was forwarded by the Administrative Officer of the Board together with his recommendation to respondent No. 3. It can, therefore, be safely held that the petitioner did not comply with the requirement of production of bonafide Certificate and Migration Certificate at the time of interview and she failed to produce the same within the stipulated time even after she was placed in the provisional select list subject to production of these documents/testimonials: It emanates from record that the bonafide Certificate dated 19.01.2005 annexed with the representation toy petitioner was not the one in the prescribed format. The same appears to have been issued by the concerned institute, viz Boon (PG) Paramedical College, Dehradun for purposes of completion of internship. It is, therefore, emphatically clear that petitioner has failed to produce the bonafide Certificate in the prescribed format within the stipulated period, thus, was rightly dropped by official respondents from the final select list paving way for private respondent No. 4 figuring next in the provisional select list to bag the seat. The Selection Committee rejected petitioner's representation for valid reasons and the Board confirmed the decision taken by Convenor, Selection Committee in its meeting held on 07.03.2012. 8. It is well settled that the selectees cannot claim appointment as a matter of right.
The Selection Committee rejected petitioner's representation for valid reasons and the Board confirmed the decision taken by Convenor, Selection Committee in its meeting held on 07.03.2012. 8. It is well settled that the selectees cannot claim appointment as a matter of right. Mere inclusion of candidate's name in the list does not confer any right to be selected even if some of the vacancies remained unfilled and the concerned candidates cannot claim that they have been given a hostile discrimination. Merely because petitioner figured in the provisional selection list did not confer any right on her to be selected. She had to comply with the requirement of eligibility as per criteria laid down in the Advertisement Notification. Petitioner was given opportunity of producing the bonafide Certificate and Migration Certificate within stipulated time of fifteen days though her candidature was liable to be forfeited as she failed to produce the requisite documents/testimonials at the time of interview. Despite that she did not comply with the requirement of producing the bonafide certificate in the prescribed format within the stipulated time. Even her certificate annexed with the representation was found not conforming to the prescribed format which led to rejection of her representation. She could, therefore, not take exception to cancellation of her provisional selection and final selection of private respondent No. 4. 9. Viewed thus, there is no merit in the petition and the same is dismissed. 10. Record be returned to Mr. K.M. Bhatti, Advocate.~