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2018 DIGILAW 38 (JK)

Surinder Kumar v. State

2018-02-01

RAMALINGAM SUDHAKAR

body2018
JUDGMENT : 1. Notice. 2. Mr. H.A. Siddiqui, learned Sr. AAG accepts notice on behalf of the respondents. 3. Going by the nature of relief sought for, petition is admitted to hearing and with the consent of learned counsel for the parties, same is taken up for final disposal. 4. The prayer in the instant writ petition is as follows:- A. To quash and set aside the selection of the private respondent No. 4 for the post of Constable in J&K Police (IRBn./Armed/Executive) in pursuance to Advertisement Notice No. Pers-A-38/2016/59220-320 dated 08th October, 2016, by the issuance of writ, order or direction in the nature of certiorari. B. To command and direct the respondent to select and appoint the petitioner for the post of Constable in J&K Police (IRBn./Armed/Executive) in pursuance to Advertisement Notice No. Pers-A-38/2016/59220-320 dated 08th October, 2016 under RBA Category as per his merit, by the issuance of writ, order or direction in the nature of mandamus. C. And/or to pass any other writ, order or direction, which this Hon’ble Court may deem fit and proper in the present set of circumstances.” 5. Learned counsel for the petitioner fairly states that on instructions, he is not agitated the Relief No. 1 to quash and set aside the selection of private respondent No. 4. He, however, pleads for considering his claim for selection to the post of Constable in J&K Police. He relies upon his computerized application dated 21st March, 2017 to the said post under RBA Category and his Number is 2302135. 6. Learned counsel for the petitioner further pleads that in the select list, the petitioner has been shown in Open Merit and, therefore, he was not selected. A specific plea in his representation (Annexure-E) dated 19th February, 2017 submitted before respondent No. 2, i.e., Director General of Police, Police Headquarters, Jammu is that his claim should have been considered under RBA Category, for which he has a requisite valid Certificate. The petitioner, therefore, pleads that the respondent No. 2 should be directed to accord consideration to his claim on merits and a post under RBA Category should be kept vacant, to which such consideration is passed. 7. Mr. H.A. Siddiqui, learned Sr. AAG states that claim of the petitioner under RBA Category should be justified on the basis of valid documents and his eligibility, as required under the Advertisement Notice. 7. Mr. H.A. Siddiqui, learned Sr. AAG states that claim of the petitioner under RBA Category should be justified on the basis of valid documents and his eligibility, as required under the Advertisement Notice. Nevertheless, the respondent No. 2 is directed to accord consideration to the aforesaid representation of the petitioner, if it is on record and take a decision thereon on merits. A decision, if so taken by the respondent No. 2, to be communicated to the petitioner, so that he can work out his remedy. 8. Petitioner is directed to submit a copy of the aforesaid representation along with copy of this order to respondent No. 2 for effective consideration of his claim. On receipt thereof, the respondent No. 2 shall consider the claim of the petitioner expeditiously, preferably within a period of four to six weeks. 9. With the above observations, the writ petition is disposed of along with connected MP.