Research › Search › Judgment

J&K High Court · body

2015 DIGILAW 45 (JK)

State of Jammu and Kashmir v. Zafeer Ahmad

2015-02-24

DHIRAJ SINGH THAKUR, N.PAUL VASANTHAKUMAR

body2015
Judgment : N. Paul Vasanthakumar, C.J. 1. This Letters Patent appeal is preferred against the order of the learned single Judge dated 21.8.2014 made in SWP No.2187 of 2014, wherein the prayer made by the respondent seeking direction to conduct written test to the respondent for selection to the post of Fireman in terms of the letter issued by the second appellant dated 26.6.2014 was ordered. 2. The grievance of the appellants is that the learned single Judge, without issuing notice to the department allowed the writ petition by giving direction to conduct a special written test within one week and allowed the respondent herein to participate in the special test. 3. Mr.Gagan Basotra, Senior Additional Advocate General appearing for the appellants even though initially argued to set aside the order and remit the matter back to the learned single Judge to hear the matter afresh, later on consented to argue the matter on merits, so that the matter can be decided in this writ appeal itself without technically setting aside the order of the single Judge. Hence this Court was inclined to hear the issue raised in the writ petition on merits of the contentions raised by both parties. 4. The case of the respondent herein before the learned single Judge was as follows: (a) The respondent is a permanent resident of the State of Jammu & Kashmir, who applied pursuant to the advertisement notification No.01 and 02 of 2013 dated 12.3.2013 inviting applications for various posts including the post of Fireman. The respondent having passed +2 and belonging to ST community, applied for the said post under ST category. The 4th appellant issued Receipt bearing serial No.172082 on 22.3.2013 for having received the application of the respondent. (b) After the last date was over, the appellant issued notice in “Daily Excelsior” newspaper stating that all eligible candidates can appear for physical measurement test, to be conducted on 18.6.2013 and accordingly the respondent appeared for physical measurement test and his height was measured as 176 cm i.e. 5.11 ft. After successfully completing physical endurance test, respondent was issued with call letter bearing No.Rec/DRB/F&ES/14/3108, dated 26.6.2014 by second appellant for appearing in the written test to he held on 9.7.2014 at Kala Kendra, Jammu. (c) Serial number/Form number issued to the respondent on 22.3.2013 was 172082, however, in the call letter it was wrongly mentioned as 172062. After successfully completing physical endurance test, respondent was issued with call letter bearing No.Rec/DRB/F&ES/14/3108, dated 26.6.2014 by second appellant for appearing in the written test to he held on 9.7.2014 at Kala Kendra, Jammu. (c) Serial number/Form number issued to the respondent on 22.3.2013 was 172082, however, in the call letter it was wrongly mentioned as 172062. According to the respondent, the said fact was intimated to the appellants on 1.7.2014 and prayed for correction of Sl.No. and the said application was submitted in person, but no correction was made. (d) On 9.7.2014, the respondent went to Kala Kendra, Jammu, where all other eligible candidates appearing in the written test in terms of Call letter dated 26.6.2014 were also present. However, the respondent and other candidates were informed that the written test has been postponed due to low turn out of candidates and they were informed that written test will be held on 17.8.2014 at Government Degree College Boys, Rajouri. Appellant No.2 issued a notification in “Daily Excelsior” on 11.8.2014 wherein the date as well as name of the centres for conducting written examinations were notified. (e) The number 172062 figured at Sl.No.912 and number 172082 figured at Sl.No.918 in District Poonch. There were ten centres in the District of Poonch and there were 100 candidates in each centres and the pattern of candidates was prepared by the Superintendent wherein numbers 172062 and 172082 were mentioned in row No.2. The respondent went to the Government Degree College Boys, Rajouri for appearing in written test on 17.08.2014, however he was not allowed to sit for written test on the ground that Application No.172082 dated 22.3.2013 has been issued to some other candidate and Sl.No.172062 was also allotted to some other candidate. In spite of producing receipt for application as well as hall ticket, respondent was not allowed to sit for examination. Respondent having not been permitted to take part in the written examination for selection to the post of fireman, he filed the writ petition with the above prayer before the learned Single Judge. 5. The learned single Judge allowed the writ petition taking note of the fact that the mistake was on the part of the Recruitment Board, wherein the application serial number was mentioned as 172062, and that is a mistake committed by the appellants herein and respondent’s application serial number was 172082. 5. The learned single Judge allowed the writ petition taking note of the fact that the mistake was on the part of the Recruitment Board, wherein the application serial number was mentioned as 172062, and that is a mistake committed by the appellants herein and respondent’s application serial number was 172082. The learned single Judge therefore, thought fit to order conduct of special test for the respondent. 6. Mr. Gagan Basotra, learned Senior Additional Advocate General appearing for the appellants submitted that the respondent has not submitted any application for correction and failed to appear in the centre for writing examination and having not chosen to appear for the examination on 17.8.2014, the respondent was not justified in blaming the Recruitment Board, as the fault is entirely on the respondent. 7. Mr. Dhiraj Choudhary, learned counsel appearing for the respondent on the other hand submitted that the mistake was admittedly committed by the Recruitment Board and the respondent immediately on noticing the mentioning of incorrect serial number, addressed a letter which was handed over in person on 17.1.2014 and in spite of reporting before the examination centre at Rajouri, respondent was not permitted to take part in the written examination, and therefore the learned single Judge was justified in issuing direction to conduct special examination. The learned counsel also submitted that even the order copy of this Court, when sent by registered post to the second appellant, the same was refused to be received and returned to the centre by the postal authority, which shows the attitude of the second appellant in not receiving the representations. 8. We have considered the rival submissions as well as the pleadings and the intimation given to the respondent for appearing in the written test. 9. The intimation given to the respondent for his appearance in the written examination to be held on 9.7.2014 at Kala Kendra, Jammu was issued on 26.6.2014 mentioning about application form Sl.No.172062. The respondent on 1.7.2014 gave representation to the second appellant seeking correction of mistake by correcting Sl.No.172062 to that of 172082. He was also present in the examination centre, which was postponed. The respondent on 1.7.2014 gave representation to the second appellant seeking correction of mistake by correcting Sl.No.172062 to that of 172082. He was also present in the examination centre, which was postponed. Even on the postponed date, he reported in the examination centre and he was not allowed to sit in the examination, and the said action of the appellants in not permitting the respondent to appear in written test, is erroneous and unsustainable as the mistake committed by the second appellant cannot be put against the respondent, and therefore the learned single Judge was right in issuing a direction to conduct special examination of the respondent. 10. If the respondent is not allowed to take part in the special examination as ordered by the learned single Judge, the respondent will not be in a position to compete for selection to the post of Fireman, for which he had already attended physical measurement test. The selection process is not completed as on date. 11. In such view of the matter, the writ appeal is dismissed with a direction to the second appellant to conduct special written test for respondent within a period of six weeks from the date of receipt of copy of this order and permit the respondent to participate in further selection, if he is satisfying the norms for such further participation in the selection process. No costs.