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2018 DIGILAW 106 (JK)

Sethi v. State

2018-02-26

RAMALINGAM SUDHAKAR

body2018
JUDGMENT : 1. The petitioner, in the present writ petition, seeks the following reliefs:- i. to quash select list dated 25.06.2016 published in the Internet issued by the Director General of Police by which the respondents have selected private respondent Nos.4 to 10 for the post of Constable in J&K Police (Armed/Executive) District Samba under SPO Category in pursuance of the Advertisement No.Pers/A/117/2015/47322-422 dated 25.08.2015, by issuance of writ of certiorari; ii. to issue directions to the respondents to consider the case of the petitioner for selection/appointment to the post of Constable Armed/Executive, District Samba under SPO Category, as the petitioner is fully eligible and entitled for being selected/appointed to the post of Constable as the petitioner has qualified the written test conducted by the respondents and has obtained more marks than the private respondent Nos.4 to 10 and the petitioner is meritorious than the private respondent Nos.4 to 10, by issuance of writ of mandamus; iii. to issue directions to the respondents to produce the original record of selection before this Hon’ble Court by which the respondents have selected private respondent Nos.4 to 10 and other candidates for the post of Constable in J&K Police (Armed/Executive), District Samba under SPO Category, by issuance of writ of mandamus; & iv. to declare the select list dated 25.06.2016 published in the Internet issued by the Director General of Police by which the respondents have selected private respondent Nos.4 to 10 for the post of Constable in J&K Police (Armed/Executive) District Samba under SPO Category in pursuance of the Advertisement No.Pers/A/117/2015/47322-422 dated 25.08.2015, as ultra virus, illegal, arbitrary, unconstitutional unjust and contrary to the provisions of law and rules and against the provisions of principles of natural justice, by issuance of writ of mandamus. 2. The issue involved in this writ petition relates to the selection for the post of Constable in Jammu and Kashmir Police Armed and Executive Wing pursuant to Advertisement Notice dated 25.08.2015. 3. The written test was conducted by the respondents on 20.03.2016 in which the petitioner appeared. The selection has been done under the provisions of the Jammu and Kashmir Special Recruitment Rules, 2015 notified vide SRO-202 of 2015 dated 30.06.2015. 3. The written test was conducted by the respondents on 20.03.2016 in which the petitioner appeared. The selection has been done under the provisions of the Jammu and Kashmir Special Recruitment Rules, 2015 notified vide SRO-202 of 2015 dated 30.06.2015. According to the petitioner, he pleads that he has done well in the written test and on information from sources, the petitioner states that he has obtained more marks than the private respondents and other selected candidates but in the select list, the name of the petitioner was not found as is evident from the internet posting (Annexure-J at page-34). The petitioner inter alia challenges the selection process on various grounds including the non-consideration of his claim on as a reserved category and also on the merit of the written examination etc. 4. The writ petition was admitted on 19.07.2016. The official respondent appears through counsel, Mr. Sanchit Verma. For the private respondents, it is recorded as deemed service. Reply affidavit has been filed by the official respondents, where they have taken a specific stand in Para-C of the reply which reads as follows:- (c) That the petitioner’s candidature has been considered as SPO under open merit category, in fact the petitioner has obtained 42 marks in Open Merit category as Special Police Officer (SPO), whereas the cut off marks in the said category is 47. The candidates figuring at Sr. No.4 to 7 (private respondents herein) are in fact, candidates under SC, RBA and ST categories respectively and are also Special Police Officers (SPOs) whereas candidates at S. No.8 to 10 are the SPOs of Open Merit category and have higher merit then the petitioner. The marks obtained by the respondents 4 to 10 and their categories have been depicted by way of tabular presentation at under:- Respondent No. Name Category Marks obtained 4 Romesh Lal S/o Des Raj SPO(SC) 43 5 Angres Singh S/o Sardar Singh SPO(RBA) 32 6 Sohan Singh S/o Romal Singh SPO(RBA) 29 7 Saif Mohd. The marks obtained by the respondents 4 to 10 and their categories have been depicted by way of tabular presentation at under:- Respondent No. Name Category Marks obtained 4 Romesh Lal S/o Des Raj SPO(SC) 43 5 Angres Singh S/o Sardar Singh SPO(RBA) 32 6 Sohan Singh S/o Romal Singh SPO(RBA) 29 7 Saif Mohd. S/o Choudhary Barkat Ali SPO(ST) 40 8 Susheel Kumar S/o Bodh Raj SPO(OM) 50 9 Roshan Lal S/o Khem Raj SPO(OM) 50 10 Angresh Singh S/o Man Singh SPO(OM) 47 There can be no competition between the petitioner and private respondents because on the one hand petitioner is SPO (OM) category having secured 42 marks whereas on the other hand respondents 4 to 7 are SPO from different categories such as SC, RBA & ST and respondents 8 to 10 are of same category as that of petitioner, but have superior merit as compared to the petitioner. 5. According to the respondents, the petitioner having obtained only 42 marks in the Open Merit he falls short of cut-off merit of 47 marks. He is not entitled to be considered to the said post. 6. Learned counsel for the petitioner further pleads that 15% reservation in the post of SPOs is available to him has been denied. 7. If the petitioner has any grievance in the select list published on the internet, the petitioner is at liberty to make memorandum to the Director General of Police, who shall accord consideration to petitioner’s claim on merits. If the petitioner is able to carve out a case for consideration, the authority shall consider such claim against any vacant post, if any subject to the petitioner satisfying the merits and eligibility. 8. Time for compliance as above, preferably, four to six weeks from the date of receipt of certified copy of this order. 9. The writ petition alongwith connected MP stands disposed of in the above terms.