JUDGMENT 1. Jammu and Kashmir Service Selection Recruitment Board (SSRB for short) vide Advertisement Notices Nos. 03 of 2006 dated 28.12.2006 and 06 of 2008 dated 28-05-2008, invited applications from eligible candidates for 102 Posts of Physical Education Teachers in Youth Service and Sports Department of State Government. Ms. Sabha Farooq Pandit-Petitioner in SWP No. 1555/2011, responded to the Advertisement Notice. She partici-pated in the selection process and found place in the select list notified by the respondent Board on 4th July 2010. The Board vide its Communication NO. SSB/Sel/Secy (PET)/010/1792-97 dated 31st May 2010, recommended petitioner for appointment as Physical Education Teacher in the respondent: Department. She was accordingly appointed vide Order No. 25-DYSS/Estt of 2010 dated 29th July 2010. The District Youth Service and Sports Officer vide Order No. DYSSO/Sgr./700-09 dated 27th August 2010, placed petitioner's service at the disposal of Zonal Physical Education Officer (ZPEO) Rainawari and was thereafter vide Order No. DYSSO/Sgr./1558 1638 dated 22-12-2010, posted at Government Middle School, Saida Kadal, 2. Shri Mohammad Aslam Beg, one of the aspirant for the advertized post aggrieved with his non-selection and selection of Ms. Saba Farooq Pandit questioned her selection in SWP No. 1526/2011 on hand. Ms. Saba Farooq Pandit (Petitioner in SWP No. 1555/2011), is respondent No. 4 in the writ petition SWP No. 1526/2011. Mr. Beg seeks quashment of selection list and appointment oHpr dated 4-7-2010 and 19.07.2010, to the extent this relates to respondent No. 4 on the ground that her selection is based on false and frivolous certificates. Mr. Beg claims to figure at serial No. 10 in the waiting list with 34.72 points and therefore to have right to be considered for appointment against the post likely to fall vacant on cancellation of respondent No. 4's selection. He insists that as candidates from Serial No.s 1 to 9 ahead of him in the waiting list stand appointed vide'Notification-An-nexures 10, to his petition, he deserves to be selected against the post in question. Mr. Beg, seeks a direction to respondents to appoint him as Physical Education Teacher in the respondent Department. 3. Directorate General, Youth Service and Sports during pendency of writ petition SWP No. 1526/2011, as usual referred the certificates of appointees/selectees including Ms. Sabah Farooq Pandit, to the Jammu and Kashmir, State Sports Council for verification. Mr. Beg, seeks a direction to respondents to appoint him as Physical Education Teacher in the respondent Department. 3. Directorate General, Youth Service and Sports during pendency of writ petition SWP No. 1526/2011, as usual referred the certificates of appointees/selectees including Ms. Sabah Farooq Pandit, to the Jammu and Kashmir, State Sports Council for verification. Administrative Officer of the Council vide communication No. SC/2353/5812 dated 27th January 2011, informed Directorate General, Youth Service and Sports, Jammu that Certificate indicating participation of Ms. Sabha Farooq Pandit in 1st National Women Yoga Championship held at Kurukshetra, Haryana from 28th-30th January, 2007 by Yoga Federation of India was not recognized and that Woman Yoga Federation of India was neither recognized as National Level Federation by Government of India, Ministry of Youth Service and Sports nor by Indian Olympics Association. 4. The Communication dated 27th January 2011, from J&K Sports Council prompted Directorate General, Youth Service and Sports, Srinagar to address Communication dated 26th October 2010, to Secretary, Service Selection Board requesting for his/her opinion as regards status of Ms. Sabha Farooq Pandit's selection in light of letter received from the Administrative Officer, Jammu and Kashmir, State Sports Council. The Board was requested to inform whether weightage given to the petitioner on account of Certificate in question was required to be deducted from her overall merit. The Board vide its communication dated 15th June 2011, informed Director General, Youth Service and Sports, Srinagar that after subtracting the weightage given to the petitioner on account of her participation in the National Sports Event, her merit would come down to 32.36 and far below cut of merit. It was clarified that the Certificate was checked by Committee of experts, appointed by the Board and Committee declared it as a recognized Event and therefore it was earlier taken into account while assessing petitioner's merit. The Communication received led Director General, Youth Service and Sports, Srinagar to cancel Ms. Sabah Farooq Pandit's selection ab initio. 5. The Order No. DYSS/Estt/4023-27 dated 18-07-2011, whereby Ms. The Communication received led Director General, Youth Service and Sports, Srinagar to cancel Ms. Sabah Farooq Pandit's selection ab initio. 5. The Order No. DYSS/Estt/4023-27 dated 18-07-2011, whereby Ms. Sabah Farooq Pandit's appointment vide Order No. 25-DYSS/Estt of 2010 dated 29th July 2010, is cancelled ab initio is questioned by her in the writ petition being SWP No. 1555/2011, on the grounds that once her participation in Sports Event, certificate i.e. participation in 1st National Women Yoga Day organized by Women Yoga Federation of India Kurukshetra, Haryana from 28th-30th January 2007, and Basic Skiing and Mountaineering Course organized by District Youth Service and Sports Officer, Srinagar from 02-02-2011 to 17-02-2011, were verified by the Committee of Experts constituted by the Board, it was not open to the respondents to cancel her selection and appointment as Physical Education Teacher. Petitioner insists that she has a right to continue in service and such right cannot be taken away on the grounds set out in the order impugned in the petition. It is pleaded that petitioner had a right to be heard by Jammu and Kashmir, Sports Council before it forwarded Communication No. SC/2353/5812 dated 27th January 2011, to respondent No. 4 and also by respondent No. 4 before the order impugned in the petition was passed and; that petitioner's right of being heard, having not been adhered to by the respondents, the order impugned in the petition was liable to be set aside. It is stated that even if petitioner's participation in National Women Yoga Championship is found to earn no weightage to the petitioner, she still on the strength of her basic course in Skiing and Mountaineering would be entitled to extra weightage and selection against the advertized post. Petitioner on the strength of averments made seeks quashment of impugned order and direction to respondents to allow her to continue as Physical Education Teacher in the respondent Department and make available all the benefits due to her. 6. The official respondents in their reply support Mohammad Aslam Beigh's stand in SWP No. 1526/2011. It is admitted that the National Women Yoga Event in which respondent no. 4 (petitioner in SWP No. 1555/2011), claimed to have participated was not a recognized event and therefore would not earn petitioner additional 10 points awarded to her on account of participation in the aforesaid event. It is admitted that the National Women Yoga Event in which respondent no. 4 (petitioner in SWP No. 1555/2011), claimed to have participated was not a recognized event and therefore would not earn petitioner additional 10 points awarded to her on account of participation in the aforesaid event. It is stated that once marks awarded as Outstanding Sports Person on account of participation in the Yoga Event are deducted, her merit comes down to 32.96 points as against the merit of last selected candidate i.e. 36.96 points. The official respondents further admit that Mr. Beg with 34.72 points, has right to be considered for the appointment against the post falling vacant due to cancellation of selection and appointment of petitioner in SWP No. 1555/2011. 7. Heard and considered. 8. There is no dispute as regards eligibility of petitioner in SWP No. 1526/2011, and petitioner in SWP No. 1555/2011, to the advertized post and their participation in the selection process. There is also no disagreement that petitioner in SWP No. 1555/2011, could make it to the select list because of 10 points awarded to her for participation in 1st National Women Yoga Championship organized by Women Yoga Federation of India at Kurukshetra, Haryana from 28th-30th January 2005, organized by Yoga Federation of India. The only dispute is as regards entitlement of petitioner in SWP No. 1555/2011, to 10 points awarded for her participation in the aforementioned event. Against the said backdrop, we need to go into the eligibility criteria laid down in the Advertisement Notices as also applicable Recruitment Rules. Our attention is to focus on the selection criteria for the posts laid down by the Selection Committee/Board and to find out whether petitioner in SWP No. 1555/2011, was entitled to extra marks awarded to her. 9. The selection record made available by learned counsel for the respondent Board would indicate that Selection Committee constituted to make the selection against the advertized posts laid following selection criteria, to make selection. i) Matric = 15 points ii) C.P.Ed = 15 points iii) B.P.Ed/B.P.E = 15 points iv) M.P.Ed = 15 points v) Graduation = 05 points vi) Outstanding Sports Certificate = 05 points a) National = 10 points b) International = 20 points vii) Viva-voce = 20 points Total = 100 points It may be recalled that in terms of Advertisement Notice Nos. 03 of 2006 dated 28-12-2006 and 06 of 2008 dated 28-05-2008, an aspirant for the advertized post was to fulfill following eligibility criteria: "Matric with certificate course in Physical Education. Preference being given to those who have a good sports career; or graduates with outstanding sports career or with basic course in Skiing and Mountaineering". The clarification regarding prescribed qualification appears to have been made by the Under Secretary, Technical Education Department vide Edu/Tech./Phy/49/2010 dated 23rd December 2010. Be that as it may, there is no disagreement as regards eligibility of the parties i.e. Ms. Sabha Farooq Pandit arid Mr. Mohammad Aslam Beigh for the advertised post. There is also no dispute as regards qualification of Ms. Sabha Farooq Pandit (Graduation B. Fed) and that of Mr. Mohammad Aslam Beigh (Graduation, B. Fed). The only dispute is as regards entitlement of Ms. Sabha Farooq Pandit to 10 points under Para (vi) (a) of the selection criteria i.e. outstanding Sports Certificate. 10. Ms. Sabha Farooq Pandit claimed to have participated in 1st National Women Yoga Championship held at Kurukshetra, Haryana from 28th-30th January, 2007, by Women Yoga Federation of India and therefore to be entitled to 10 points on account of outstanding Sports Certificate National). The Selection Committee accepted the petitioner's claim and awarded her 10 points over and above points awarded to her for Graduation and B. Fed Degrees. With 10 points awarded to Ms. Sabha Farooq Pandit, her overall merit increased from 32.96 to 42.96 points. She therefore found place in the select list at serial No. 39. The cut of merit of selected candidates under Open Merit Category was 40.94. Ms. Sabha Farooq Pandit, obviously would not make the grade in case, she was not awarded 10 points taking her to be an outstanding Sports person, equipped with Outstanding Sports Person Certificate in a National Event. 11. It is pertinent to point out that Secretary of the respondent Board in its recommendation dated 1st March 2010, made to the respondents 1 and 2, forwarding select list of the candidates for the post of Physical Education Teacher, District Cadre Srinagar, emphasized as under: "It is also to mention here that there is no mechanism to verify genuineness of the Certificates including National/International produced by the candidates at the time of interview and the indenting department have to fully satisfied themselves before issuing appointment orders." 12. Directorate General, Youth Service and Sports i.e. indenting Department, therefore was right in forwarding the Certificates/testimonials produced by the candidates in support of their candidature including the Outstanding Sports Person Certificate to State Sports Council for their verification. The arguments that Board internally got Certificates verified therefore, pales into insignificance in view of categoric stand of selection committee reported above. The expert body i.e. sports council looked into the Certificates including the Certificates produced by Ms. Sabha Farooq Pandit, shown to have participated in 1st National Women Yoga Championship organized by Women Yoga Federation of India from 28th-30th January 2007 at Kurukshetra (Haryana). The Council reported that Women Yoga Federation of India was not a Sports Body recognized as National Level Federation by Government of India, Ministry of Youth Service and Sports or Indian Olympics Association. The report of Sports Council No. SC/2353/5812 dated 27th January 2011, therefore stripped the Certificate produced by Ms. Sabha Farooq Pandit of its value and relevance to the selection in question. It is otherwise doubtful whether mere participation in an event for 3 days would make a candidate Outstanding Sports Person within the meaning of selection criteria laid down by Selection Committee. Even if, it is assumed that Ms. Sabah Farooq Pandit participated in 1st National Women Yoga Championship organized by Women Yoga Federation of India from 28th-30th January 2007 at Kurukshetra (Haryana), still in wake of a clear and unambiguous report given by the Sports Council, Certificate would not merit any credit as the organizer was neither National Level Sports Federation recognized by Government of India nor by Indian Olympics Association. 13. It is not participation in any event organized by whomsoever, that is to make a candidate Outstanding Sports Person. An event organized by a body recognized as National Level Federation by Government of India or Indian Olympics Association, would undoubtedly lead to different conclusion. The reasons being that only a Sports Person who has excelled at local or State Level gets a chance to participate in concerned sports at national level organized by a body recognized as National Level Federation by Government of India, Ministry of Youth Service and Sports or Indian Olympics Association. The reasons being that only a Sports Person who has excelled at local or State Level gets a chance to participate in concerned sports at national level organized by a body recognized as National Level Federation by Government of India, Ministry of Youth Service and Sports or Indian Olympics Association. If a Certificate issued by any institution, Body or an Organization, whether recognized or unrecognized, known or unknown at the National Level is taken as an evidence to declare a candidate as Outstanding Sports Person at National and International Level, the very purpose of giving extra points to such Outstanding Sports Person would get frustrated. It hardly needs to be emphasized that extra weightage is given to an Outstanding Sports Person at National and International level as acknowledgement of time resources put in by such candidate in reaching a particular level or achieving recognition in the concerned sports at the National and International Level. The other candidates cannot voice any grievance as regards extra points given to an Outstanding Sports Person as a candidate without such achievement to his credit is not similarly circum-stanced as Outstanding Sports Person at National or International Level. 14. The State Sports Council is an expert Body. It has necessary expertise and inputs available to declare whether participation in an event would entitle a candidate to be declared as Outstanding Sports Person at National and International Level. In the present case, the Sports Council has given its categoric opinion. This court has no expertise in the matter and cannot assume the status of appellate court to sit in appeal over the conclusions drawn by the Sports Council. 15. Mr. Qureshi insists that the Yoga Federation of India established in 1974, is a Society registered under Societies Act and recognized by Indian Olympics Association vide letter No. IOA/211/1 dated 26th April 1999. Learned Counsel places reliance in this regard on a print out taken from Official Website of Yoga Federation of India. The arguments advanced by learned counsel is of no help to Ms. Sabha Farooq Pandit. Perusal of the record would reveal that Sports Council took a similar view in case of other candidates, namely Mr. Bharat Bhushan, Ms. Shahzada Akhter, Ms. Shagfuta Akhter, Mr. Mohd. Younus Dar, Ms. Rukhsana Bashir, Ms. Shahina Shafi, Ms. Mohammad Nisar and Mr. Shatrugan Kumar. The arguments advanced by learned counsel is of no help to Ms. Sabha Farooq Pandit. Perusal of the record would reveal that Sports Council took a similar view in case of other candidates, namely Mr. Bharat Bhushan, Ms. Shahzada Akhter, Ms. Shagfuta Akhter, Mr. Mohd. Younus Dar, Ms. Rukhsana Bashir, Ms. Shahina Shafi, Ms. Mohammad Nisar and Mr. Shatrugan Kumar. The Directorate General, Youth Service and Sports, Jammu, was informed by Sports Council vide No, SC/2353/5812 dated 27th January 2011, that Indian Yoga Federation that confirmed aforementioned candidate's participation in 24th National Yoga Championship held at Kurukshetra (Haryana) from 22nd to 24th October 2005, was neither National Level Federation recognized by Ministry of Youth Services and Sports, Government of India nor by Indian Olympics Association. Ms. Sabha Farooq Pandit was not therefore isolated for such opinion. Secondly, the arguments is advanced oblivious to the facts that the Certificate relied upon by Ms. Saba Farooq Pandit is issued by Women Yoga Federation of India and certifies her participation in 1st National Women Yoga Championship held at Kurukshetra, Haryana from 28th-3 Oth January 2007, and not by Yoga Federation of India, that according to Mr. Qureshi is recognized by Indian Olympics Association. 16. The plea that Ms. Sabah Farooq Pandit had also participated in two weeks Snow Skiing Course at Gulmarg from 02-02-2011 to 17-02-2011, organized by Government College of Physical Education and therefore would still be entitled to 10 points extra weightage, in case Certificate issued by National Women Yoga Federation is taken not to entitle her to such weight-age, is bereft of merit. It may be recalled that, it is not participation in one or other sports event, that would make a candidate entitled to extra weight-age. Mere participation in a sports event at whatever level, would not make a candidate Outstanding Sports Person at National or International Level. It is only participation in a National or International event organized by Indian Olympics Association or an Organization recognized as a National Level Sports Federation by Ministry of Youth Affairs and Sports, Government of India, that is to make a candidate an outstanding Sports Person at National or International Level and earn him extra marks in terms of selection criteria. 17. We have not to confuse eligibility criteria with selection criteria. 17. We have not to confuse eligibility criteria with selection criteria. The two weeks Snow Skiing Basic course may help a candidate to satisfy the eligibility criteria and participate in the selection process, but is not to entitle a candidate to extra point/marks that are awarded to an Outstanding Sports Person at National or International level. Same is true about last ditch effort sought to be made by Ms. Sabha Farooq Pandit to defend her selection on the basis of her claimed participation in National Sqay Championship said to have been organized by Sqay Federation of Maharashtra at Sant Gargat Sabha, Nagpur, Maharashtra from 13-12-2005 to 15-12-2005. 18. Against the above backdrop, Directorate General, Youth Service and Sports was left with no option but to issue Order No. DYSS/Estt/4023-27 dated 18-07-2011 cancelling appointment of Ms. Sabah Farooq Pandit ab initio. The plea that Sports Council and thereafter, Director General, Youth Service and Sports ought to have heard Ms. Sabah Farooq Pandit, before action was taken in the matter and therefore impugned order is liable to be quashed is devoid of substance. It is well settled law that principle of audi alteram partem is not of universal application, or to be invariably followed. In a case, like one on hand compliance with the principle may be only an empty formality. Ms. Sabah Farooq Pandit, relied on 1st National Women Yoga Championship Certificate issued by Women Yoga Association of India, and the body was not a National Level Sports Federation by recognized by Ministry of Youth Service and Sports, Government of India or Indian Olympics Association and Certificate therefore of no value and not to give her status of Outstanding Sports Person and help her earn extra points. She had nothing to further explain, because of her categoric reliance on the Certificate. She has not been able in the present petition and proceedings, to show that opinion of Sports Council and decision taken by the Board and thereafter Directorate General of Youth Service and Sports was untenable. She could not have come with a better stand before Council, Board or Directorate, even if opportunity granted. Petitioner therefore cannot draw support from law laid down in U.P Junior Doctors' Action Committee v. Dr. B. Sheetal Nandwani & Ors. AIR 1991 SC 909 , Union of India & Ors. She could not have come with a better stand before Council, Board or Directorate, even if opportunity granted. Petitioner therefore cannot draw support from law laid down in U.P Junior Doctors' Action Committee v. Dr. B. Sheetal Nandwani & Ors. AIR 1991 SC 909 , Union of India & Ors. v. O. Chakradhar (2002) 3 SCC 146 , Darshan Singh & others v. State & Others 2005 (2) JKJ 232 [HC] : 2006 SLJ 770, Basudeo Tiwary v. Sido Kanhu University & others (1998) 8 SCC 194 and Mubarak Ahmad Bhat v. State & Others 2011 SLJ 742 : 2011 (2) JKJ 586 [HC]. 19. For the reasons discussed, the writ petition filed by Ms. Sabah Farooq Pandit being SWP No. 1555/2011 is bereft of any merit. Her challenge to order No. DYSS/Estt/4023-27 dated 18-07-2011, on the grounds urged must fail. 20. This takes us to another petition being SWP No. 1526/2011 filed by Mr. Mohammad Aslam Beigh. Mr. Beigh, contends that he figures at Serial No. 10 in the wait list; that candidates from Serial Nos. 1 to 9 in the wait list have been appointed against the available vacancies and that once Ms. Sabah Farooq Pandit's challenge to Order No. DYSS/Estt/4023-27 dated 18-07-2011, whereby her appointment has been cancelled ab initio, fails and the order is upheld, he gets a right to be considered against available vacancy. Respondents 1 and 2, in their reply admit that Shri Mohammad Aslam Beigh with 34.72 points deserves to be appointed against the vacancy that becomes available in wake of cancellation of selection and appointment of Ms, Sabah Farooq Pandit vide Order No. DYSS/Estt/4023-27 dated 18-07-2011. They admit to have .taken initial steps in said direction and explain that appointment order could not be issued in his favour because of ad-interim order passed in SWP No. 1555/2011, on 29th July 2011, keeping in abeyance order No. DYSS/Estt/4023-27 dated 18-07-2011. It is however pointed out that in the writ petition filed by Mr. Mohammad Aslam Beigh i.e. SWP No. 1526/2011, the appointment of Ms. Sabah Farooq Pandit is to remain subject to outcome of CMP. The case set up by Mr. Beigh finds support from reply filed by official respondents to his writ petition. 21. The record reveals that Mr. Mohammad Aslam Beigh filed a representation to Board against his non-selection. Mohammad Aslam Beigh i.e. SWP No. 1526/2011, the appointment of Ms. Sabah Farooq Pandit is to remain subject to outcome of CMP. The case set up by Mr. Beigh finds support from reply filed by official respondents to his writ petition. 21. The record reveals that Mr. Mohammad Aslam Beigh filed a representation to Board against his non-selection. Directorate General of Youth Service and Sports published a Notification on 6-12-2010, in a local daily advising Shri Beigh and two others namely Ms. Mehmooda Akhter D/o Aijaz Ahmad Malik R/o Kurigam Checki Budwan, Dooru, Anantnag, and Mr. Ashfaq Ahmad Rather S/o Abdul Ahad Rather R/o Ganderbal, Srinagar, to deposit their Certificates within seven days from the date of publication of the Notice. They were asked to deposit Certificates as two other candidates at higher place in the wait list namely Mr. Abdul Qayoom S/o Sheikh Mohammad Shafi R/o Khanka-i-Moulla, Srinagar and Mr. Farooq Ahmad Peer S/o Sham-ud-din R/o Wani Pora, Kulgam had failed to produce their Certificates and report to the Directorate. Mr. Beigh, was shown to be included in the additional wait list. Earlier Secretary, Service Selection Board, Srinagar in his Communication No. SSB/Adm/714-16/2010 dated 12-07-2010, addressed to Secretary to Government, Technical Education/Youth Service and Sports Department, Civil Secretariat, Srinagar, reported Mr. Beigh to be at Serial No. 10, in wait list under open Merit Category. It appears that his name was not earlier included in the wait list for want of certain documents. Against the above backdrop, Mr. Mohammad Aslam Beigh, has right to be considered for appointment against the vacancy that has become available consequent to cancellation of selection/appointment of Ms. Sabah Farooq Pandit. The record available on the file and the stand taken by official respondents therefore helps Mr. Beigh to sail through and succeed in the petition. 22. For the reasons discussed, writ petition being SWP No. 1555/2011, is dismissed. Challenge to Order No. DYSS/Estt/4023-27 dated 18-07-2011, is held not to succeed. The writ petition being SWP No. 1526/2011, is allowed. Respondents 1 and 2 are directed to appoint Shri Mohammad Aslam Beigh petitioner in SWP No. 1526/2011, against the vacancy that has become available consequent to cancellation of selection/appointment of Ms. Sabah Farooq Pandit for the post of Physical Education Teacher, District Cadre, Srinagar. Let such exercise be completed within eight weeks from date of this Judgment. Ms. Respondents 1 and 2 are directed to appoint Shri Mohammad Aslam Beigh petitioner in SWP No. 1526/2011, against the vacancy that has become available consequent to cancellation of selection/appointment of Ms. Sabah Farooq Pandit for the post of Physical Education Teacher, District Cadre, Srinagar. Let such exercise be completed within eight weeks from date of this Judgment. Ms. Sabha Farooq Pandit with graduation and Bachelors Degree in physical Education to her credit and eligibility for the post of Physical Education Teacher has been serving the Department as Physical Education Teacher for last more than five years. The official respondents therefore may, in the event a clear vacancy of Physical Education Teacher, District cadre Srinagar is available as on date against which Mr. Mohammad Aslam Beigh can be appointed, retain and allow to continue Ms. Sabha Farooq Pandit as Physical Education Teacher, so that affairs of life that must have got settled with her appointment, are not unsettled. 23. Record be returned. Petition dismissed