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2017 DIGILAW 348 (JK)

Nisha Rani v. State

2017-07-17

ALOK ARADHE, SANJEEV KUMAR

body2017
JUDGMENT : 1. Heard on the question of admission as well as MP No. 01/2017. 2. Issue notice to the respondents, returnable within four weeks in the main petition as well as MP. 3. List along with SWP No. 1605/2017 and connected matters. 4. Learned counsel for the petitioner submitted that respondent No. 2 had advertised the posts for Steno-typists and Junior Assistants in both the Divisions of the State, i.e., Jammu Division as well as Kashmir Division. However, in the Advertisement Notice, in paragraph 3 (A), it is stated that only the candidates belonging to the concerned Division can apply to the posts in question. It is further submitted that in view of the section 13 (3) of the Civil Services Decentralization and Recruitment Act, 2010, the candidates belonging to the Scheduled Caste Category can apply for any post in any Division of the State irrespective of their place of residence in the State. It is submitted that the petitioner, who belongs to Scheduled Caste category, had gone to Srinagar for submitting their application form, which have not been accepted and the last date of submission of the applications has been expired. It is further submitted that no date for the written examination has been prescribed. 5. In view of the submissions made and from the perusal of the Jammu and Kashmir Ministerial Staff of the Subordinate Courts (Recruitment and Conditions of Service) Rules, 2016, we find that the same do not contain any prohibition in this regard. Accordingly, it is directed that respondent No. 4 (Principal District and Sessions Judge, Srinagar) shall accept application form of the petitioner for the posts in question within a period of one week from today. It is made clear that submission of the application forms and participation in the written examination shall be purely provisional in nature and shall not create any equity in favour of the petitioner. However, the result of the petitioner shall not be declared without leave of this Court. 6. Let a copy of this order be provided to the learned counsel for the petitioner under the seal and signature of the Bench Secretary.