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2020 DIGILAW 44 (JK)

Nighat Jabeen v. State Of J&K

2020-02-05

ALI MOHAMMAD MAGREY

body2020
JUDGMENT 1. Petitioner, a competing candidate for selection against the post of Accounts Assistant (Finance) advertised in terms of advertisement notice No. 07 of 2010 dated 12 th of November, 2010, was shortlisted for her assessment in interview. Thereafter, the respondent No.2, on 20 th of October, 2017, is stated to have issued an interview notice for the post of Accounts Assistant with respect to District Baramulla, in which the petitioner was shown at S. No.29, but against her name it was wrongly mentioned that the petitioner stands already interviewed. It is submitted that upon issuance of the aforesaid notification, the petitioner, immediately, submitted a representation to the respondent No.3 stating therein that she has not been interviewed with regard to the notification in question neither was she called for any interview by the respondents, therefore, her interview needs be conducted alongwith other concerned candidates. It is contended that since no action was taken on the said representation filed by the petitioner, she was constrained to approach this Court through the medium of the instant petition seeking a direction, in the form of Writ of Mandamus, directing the respondent No.3 to conduct the interview of the petitioner for the post of Accounts Assistant in District Baramulla and appoint her in case she makes the grade. 2. When this matter was taken up on motion hearing, i.e., on 1 st of November, 2017, this Court, in terms of order dated 1 st of November, 2017, while issuing notice to the otherside, directed the respondent No.3/ Secretary, J&K Services Selection Board, to conduct the interview of the petitioner, result whereof was ordered not to be declared till further orders. 3. Thereafter, in terms of order dated 26 th of November, 2019, this Court directed as under: '.. In terms of the compliance report, the respondents have interviewed the petitioner on 30 th of January, 2018. The respondent-Board who interms of order dated 30.03.2018 was asked to supply the merit position of the candidate appearing for the post of Accounts Assistant as also the result of the petitioner be produced in a sealed cover. Petitioner who is present in person submitted that the result has been produced and further states that respondent-Board had issued selection list of candidates and one position has been reserved at serial no. 39 for him. Petitioner who is present in person submitted that the result has been produced and further states that respondent-Board had issued selection list of candidates and one position has been reserved at serial no. 39 for him. From the perusal of the record, it appears that there is no such sealed envelope with the record file. In order to settle the issue, it has become necessary to ask the Secretary J & K Services Selection Board to file an affidavit indicating the progress shown in the selection as also the position of the petitioner on her assessment in the interview. He shall also enclose the result of the petitioner along with the affidavit. Needful shall be done within one week.' 4. In compliance of order dated 26 th of November, 2019, the respondent No.3/ Secretary, J&K Services Selection Board, has filed the Affidavit annexing therewith the merit position of the petitioner for the post of Accounts Assistant (Finance Department), District Baramulla, advertised vide advertisement notice No. 07 of 2010 dated 12 th of November, 2010 under Item No. 399. Perusal of the merit position so supplied by the respondent No.3 reveals that the petitioner has secured 75.6654 points, while as the last cut-off candidate has obtained only 69.0956 points. That being so, the controversy involved in the instant petition stands narrowed down on the stand taken by the respondent Board by stating that the petitioner has obtained 75.6654 points, much over and above the marks secured by the last cut-off candidate, viz. 69.0956. Moreover, as admitted by the parties, one post of Accounts Assistant is already reserved out of the posts advertised with respect to District Baramulla vide advertisement notice No. 07 of 2010 dated 12 th of November, 2010 under Item No. 399. 5. In light of above, this writ petition is allowed on the following terms: I. The respondent No.3/ Chairman, J&K Services Selection Board, by a Writ of Mandamus, is directed to release the recommendations in favour of the petitioner against the post of Accounts Assistant (Finance Department), District Baramulla, advertised vide advertisement notice No. 07 of 2010 dated 12 th of November, 2010 under Item No. 399, as expeditiously as possible, and, in any case, not later than three weeks from today; II. The respondent Nos. The respondent Nos. 1 and 2, on receipt of the recommendations from the respondent No.3, shall forthwith issue the appointment order in favour of the petitioner against the aforesaid post in accordance with the rules governing the subject; III. The petitioner shall be entitled to the benefit of appointment, as aforesaid, from the date the other selectees stand appointed on the concerned post in the order of merit and her seniority shall be maintained in accordance with the merit secured by the petitioner; and IV. The appointment of the petitioner, for purpose of seniority/ other service benefits, excluding monetary benefits, shall be reckoned from the date other selectees have been appointed. 6. Writ petition disposed of as above, alongwith all connected CMs.