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2020 DIGILAW 65 (JK)

Khalak Hussain v. Union Territory Of J&K

2020-02-10

SANJEEV KUMAR, SINDHU SHARMA

body2020
JUDGMENT Sanjeev Kumar, J. - This appeal is directed against the order of the learned Single Judge dated 05.02.2020 passed in WP (C) 341/2020 whereby the petition filed by the appellants (writ-petitioners) has been found to be without any merit and dismissed. 2. Briefly stated the facts leading to the filing of this appeal are that the Director General of Police, J&K vide Advertisement Notification No. Pers- Rectt.-A-105-2018/16207-50 dated 09.03.2019 invited online applications from the eligible candidates for the posts of constable for raising two Border Battalions, one each in Jammu province and Kashmir province from ten Border Districts of the erstwhile State of Jammu and Kashmir. The aforesaid recruitment of Constables was meant for the eligible candidates residing within the radius of 0 to 10 kilometers from International Border/ Line of Control/Actual Ground Position Line/Line of Actual Control and the candidates were required to furnish certificate duly issued by the competent authority to the effect that they are residing in the area within the radius of 0 to 10 kilometers from International Border/ Line of Control/ Actual Ground Position Line/Line of Actual Control along with the application forms. The last date for submission of online application forms as per the Advertisement Notification was 30 days after the activation of the link, to be notified separately. The link was notified on 17.09.2019 and a public notice in this regard was published. 3. The prospective candidates were informed that they could submit their application forms along with the requisite certificates by or before 22.10.2019 i.e., the last date fixed for submission of online forms. The petitioners could not submit their application forms, nor were they in a position to obtain the requisite certificates of being the residents of the area within the radius of 0 to 10 kilometers from the International Border/ Line of Control/ Actual Ground position Line/Line of Actual Control. 4. With the grievance that the villages to which the petitioners belong have been arbitrarily kept out of the distance of 0 to 10 kilometers from the International Border/ Line of Control/ Actual Ground Position Line/Line of Actual Control by respondent Nos. 4 to 6, the petitioners filed WP(C) No.341/2020 seeking, inter alia, a direction to the respondents to allow the appellants (writ petitioners) to participate in the selection process. 4 to 6, the petitioners filed WP(C) No.341/2020 seeking, inter alia, a direction to the respondents to allow the appellants (writ petitioners) to participate in the selection process. The relief was sought primarily on the ground that the appellants (writ petitioners) belonged to the area which falls within the radius of 0 to 10 kilometers from the International Border/ Line of Control/ Actual Ground Position Line/Line of Actual Control and, therefore, they are entitled to the issuance of requisite certificates from the Revenue Authorities. They argued that they have approached the concerned Revenue Authorities for issuance of the requisite certificates, but have failed to persuade them and in case the petitioners are not allowed to participate in the selection process, they would suffer irreparable loss and injury. 5. The writ petition was considered by the learned Single Judge and same was dismissed vide order impugned. The learned Single Judge clearly observed that the notification was issued on 09.03.2019 and the cut off date for submission of application forms along with requisite certificates was 22.10.2019 and, therefore, the appellants (writ petitioners) had sufficient time, almost seven months to persuade the Revenue Authorities to issue them the requisite certificates, if they were entitled thereto. The appellants appear to have approached the Revenue Authorities belatedly and on that basis, the process of selection initiated on 09.03.2019 cannot be deferred, nor the appellants (writ petitioners) can be allowed to participate in the selection process without having the requisite eligibility. 6. The view taken by the learned Single Judge is legally perfect and unexceptional and, therefore, we see no reason to interfere with the order impugned. Admittedly, the area to which the petitioners belong has not been held to be within the radius of 0 to 10 kilometers from the International Border/ Line of Control/ Actual Ground Position Line/Line of Actual Control by the competent Revenue Authorities and, therefore, the appellants- writ-petitioners, as on date, are not entitled to the issuance of requisite certificates. They may have grievance with regard to the identification of the areas located within the radius of 0 to 10 kilometers from the Internaional Border/ Line of Control/ Actual Ground Position Line/Line of Actual Control and exclusion of their villages, but that grievance they have to make before the Revenue Authorities. Respondent Nos. They may have grievance with regard to the identification of the areas located within the radius of 0 to 10 kilometers from the Internaional Border/ Line of Control/ Actual Ground Position Line/Line of Actual Control and exclusion of their villages, but that grievance they have to make before the Revenue Authorities. Respondent Nos. 1 to 3, however, cannot be compelled to permit the petitioners to participate in the selection process despite the fact that they are not eligible to do so in view of the specific terms and conditions of the Advertisement Notification. 7. For all these reasons, we find no reason to interfere with the order impugned. Accordingly, the appeal is dismissed along with connected applications.