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2016 DIGILAW 493 (JK)

Zahoor Ahmad Wani v. State of J&K

2016-09-29

N.PAUL VASANTHAKUMAR

body2016
JUDGMENT : N. Paul Vasantha Kumar, J. 1. This writ petition is filed, praying to quash selection of private Respondents 4 to 6 and direct Respondents 1 to 3 to select the petitioner against the post of Patwari and issue order of appointment in his favour and direct the respondents to produce the selection record before this Court including the written test papers of "Urdu subject" of petitioner and private respondents and got the same re-evaluated and fresh selection be made on the basis of marks/points obtained by the private respondents as well as petitioner after re-evaluation. It is the case of petitioner that he responded to advertisement notice No.1 of 2008 dated 22.04.2008, issued by Respondents 2 and 3, for filing up the three posts of Patwari, under Open Merit Category in District Ganderbal, for which the basic qualification was prescribed as 10+2, but the additional marks/points were allocated to the additional/higher qualification in the following manner : 1. Basic Qualification (10+2) 40 Points 2. Graduation 10 Points 3. Post-Graduation 10 Points 4. Knowledge of the Urdu 20 Points 5. Viva Voce 20 Points Total 100 Points 2. The petitioner was given 61.06, based on the assessment of qualification and percentage of marks allocated in viva-voce and written test. 3. Finally the dispute remained was relating to the allocation of points. According to the petitioner, for committing 16 mistakes 17 marks have been deducted and only 03 marks was awarded out of 20 whereas private Respondent No. 5, who also committed same number of mistakes has been awarded 10/20 points. 4. Considering the rival contentions of both the parties, the record pertaining to the answer scripts of Urdu subject was required to be produced by this Court. 5. As the petitioner was not satisfied with the marks awarded to him as according to him the mistakes shown in his Urdu paper were not the mistakes and needed re-evaluation. Therefore, in the interest of justice, by consensus, this Court passed interim order on 23.09.2016, requesting Shri Rashid Ali Dar, Principal District and Sessions Judge, Srinagar, who is well versed in Urdu, to visit the Registry of this Court and find out as to how many mistakes the petitioner and Respondent No. 5 have committed in Urdu Paper and file a report in a sealed cover by next date of hearing i.e. today. 6. 6. The Principal District Judge, Srinagar, after going through the answer scripts of the petitioner and Respondent No. 5, has given his report in a sealed cover. In the report it is stated that on perusal of the dictation and original paper from which dictation was given, 26 mistakes were found to have been made by the petitioner whereas the mistakes underlined by the examiner are 20. Insofar as Respondent No. 5 is concerned, the mistakes found on perusal of the dictation and the original paper from which dictation was given, are 14 and the mistakes underlined by the examiner are 17. 7. In view of the report submitted by the Principal District and Sessions Judge, Srinagar, the petitioner cannot make any grievance that he has made less mistakes and private respondent has committed more mistakes. The marks having been awarded are based on number of mistakes. No case is made out to issue any writ. Hence writ petition is dismissed. No costs. Record returned.