IN THE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU SWP No. 1601 of 2004 Har Dutt petitioner State of J&K & anr respondents
!Mr. Sunil Sethi, Advocate
^Mr. F. A. Natnoo, Advocate
MR. JUSTICE J. P. SINGH, JUDGE
Date : 20/11/2008
:Judgment :
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Petitioner had applied seeking consideration for
selection to the post of Lecturer Grade-I (Computer
Science) in the Department of Technical Education
pursuant to Jammu and Kashmir Public Service
Commission, Srinagar’s Notification No. 4-PSC of 2001
dated 18.5.2001.
Falling in the list of short-listed candidates, he was
interviewed by the Jammu and Kashmir Public Service
Commission on 22.01.2004.
The Commission thereafter issued a select list of
candidates who had applied for the post of Lecturer
Grade-I (Computer Science) under Open merit category
and RBA category but no select list was issued for the
post reserved for Scheduled Caste Category candidates.
Projecting that being the only Scheduled Caste
candidate who had been short-listed to seek consideration
of the Commission for selection against the reserved
post of Lecturer Grade-I (Computer Science), the
petitioner was required to be reflected in the select list
which the respondents were under an obligation to
publish for facilitating the appointment of the petitioner
against the post of Lecturer Grade-I (Computer Science),
the petitioner, aggrieved by the omission of the
respondents to publish the select list, has filed this writ
petition seeking issuance of a command to the
Commission to issue the select list for the post of
Lecturer Grade-I in Computer Science under the reserved
category of Scheduled Caste and to the State to appoint
him as Lecturer Grade-I in Computer Science against the
post reserved for Scheduled Caste category.
It is indicated by the Commission through its
objections that on assessment of overall performance of
the petitioner, he was not found to fall even within the
relaxed standard prescribed for candidates belonging to
the Scheduled Caste Category and having failed to make
the grade, the petitioner was not required to be reflected
in the select list. Denying the petitioner’s entitlement to
selection and appointment against the post of Lecturer
Grade-I (Computer Science), the Commission has prayed
for dismissal of the writ petition.
I have gone through the pleadings of the parties and
heard their learned counsel.
Petitioner’s plea projected through his counsel, Mr.
Sethi that being the lone candidate against the post
reserved for candidates belonging to the Scheduled Caste
Category, the petitioner was entitled to be selected and
appointed against the post, is misconceived, in view of
the provisions of Rule 51 of the Jammu and Kashmir
Public Service Commission (Business and Procedure),
Rules 1980 which prescribe in its explanation (Vi) that
for determination of the suitability of candidates for
appointment, the candidates from Open Category shall
be required to obtain minimum of 50% marks and those
belonging to Scheduled Caste/Scheduled Tribe and other
Backward Classes shall have to obtain minimum of 40%
marks out of the total marks as given in Rule 51.
Having failed to obtain minimum of 40% marks out
of the total marks fixed by the Commission, the petitioner
was not required to be reflected in the select list.
Having found the petitioner to fall below the
minimum percentage of marks prescribed in Explanation
(Vi) of Rule 51 of the Jammu and Kashmir Public Service
Commission (Business and Procedure), Rules 1980 on
assessment of his merit, the Commission was not under
any obligation to reflect the petitioner’s name in the
select list.
In view of petitioner’s failure to secure minimum
40% marks, as assessed by the Commission, the
petitioner is disentitled to seek any command against the
respondents who have acted in accordance with law in
rejecting his candidature for the post of Lecturer Grade-I
(Computer Science).
For all what has been said above, I do not find any
merit in this petition which is, accordingly, dismissed.
No costs.
(J.P.Singh)
Judge
Jammu
20.11.2008
Pawan Chopra