HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. SWP no. 2041 OF 2006 Sonam Joldan & anr Petitioners J&K Academy of Art, Culture & Languages & Ors. Respondent !M/s S. K. Shukla & Tashi Rabstan,Advocates. ^M/s Seema Shekhar, AAG & P. N. Goja, Advocate. MR. JUSTICE J. P. SINGH, JUDGE. Date: 17/04/2009 :J U D G M E N T :
Jammu and Kashmir Academy of Art,
Culture and Languages, Srinagar, (the Academy,
for short), issued its Employment Notice No. ADME/
12/2003-04/3099-3113 dated 22nd of September,
2003, through its Secretary, inviting
applications from the Permanent Residents of
Jammu and Kashmir State, for selection against
vacant posts in the Academy, on its, Executive,
Cultural, Teaching, Library, Technical and
Editorial Cadres. The posts so advertised included
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two posts of Cultural Officer for Leh and Kargil
Office, in the Cultural Cadre. The qualification
prescribed therefor was:
1.Post Graduation from a recognized University.
2.Thorough knowledge of Cultural History of J&K.
3.Adequate knowledge of two regional languages.
4.Thorough knowledge of Folk performing art
traditions of the State.
Applications accompanied by a postal order
of Rs.50/-, for the posts including those of the
Cultural Officer, were required to reach the
Secretary Jammu and Kashmir Academy of Art,
Culture and Languages, Lal Mandi, Srinagar
along with attested copies of the:
1. Academic and Professional qualifications;
2. Age and health;
3. State Subject;
4. Experience
on or before 31st October, 2003.
Those in Government Service, had to route
their applications through proper channel.
Out of forty four candidates found eligible to
seek consideration for the posts of Cultural
Officers, only seventeen appeared for the interview
on 20th of September, 2006 at Cultural Complex,
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Leh before the Selection Committee constituted by
the President of the Academy, the Chief Minister
of the State, which comprised of the following
members:
1. Secretary Academy Chairman
2. Sh. Zaffar Ahmad
Addl. Secretary to
Chief Minister Member.
3. Sh. T. R. Sharma, Member.
Addl. Secretary Academy.
Jammu
4. Mr. Zaffar Iqbal,
Addl. Secretary Academy
Srinagar Member.
Dr. Janyang Gailson, Lecturer Central
Institute of Buddhist Studies was co-opted by the
Committee as Expert on the Selection Committee.
The Committee, after evaluating the merit,
suitability, experience and qualification of the
candidates, recommended a panel of four persons
for appointment to the post of Cultural Officer,
Leh.
Shri Tsewang Paljore, selected at Serial No. 1
of the panel was, accordingly, appointed as
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Cultural Officer, Leh vide Academy Order No. 72
of 2006 dated 23-11-2006.
Sonam Joldan and Sonam Chosjore, who too
had appeared seeking consideration for selection
against the Advertised Post before the Selection
Committee, have filed this writ petition seeking
quashing of Tsewang Paljores selection and
appointment, besides a command to the Academy
to appoint them as Cultural Officers.
Questioning Tsewang Paljore, Respondent No.
6s selection and appointment as Cultural Officer,
Leh, the petitioners say that respondent no.1 and
its Selection Committee, had violated the
fundamental right of Equality before the Law and
equal protection of the laws by converting their
merit into demerit, adopting arbitrary
methodology for selection, rendering the whole
selection process unfair and a mere eye wash,
designed to favour respondent no. 6.
Petitioner No. 2 is stated to be a Gold
Medalist, possessing M.A and M.Phil Degrees and
presently engaged in Ph.D in Political Science,
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whereas petitioner No.1 is stated to have done his
Masters Degree from Delhi University, besides
possessing Ph.D in Ladakhs Traditional Ties
with Buddhist Tibet from Jawahar Lal Nehru
University 2006 and M.Phil in Buddhist Tibet
Cultural Ties with Ladakh and Mustang. He is
stated to have published papers titled Budhist
Tibet Cultural Ties with Ladakh Tibetan Review,
November, 2003, two articles titled Relationship
between Ladakh and Buddhist Tibet Trade and
Pilgrimage and Ladakh Traditional Ties with
Buddhist Tibet, Monastic Organization and
Monastic Education as a sustaining factor in
Tibet Journal. He is further stated to have
presented paper on Ladakh/Tibetan Cultural
ties in the 10th International Association for
Ladakh Studies, held in Oxford-2001 besides
participating in 2006 World Youth Care for Tibet-
Taiwan Forum.
Projecting his activities in the Sports Field,
petitioner No.1 is stated to have been awarded
National Awards i.e. Three Gold Medals in Tenth
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Junior and 8th Sub Junior National Archery
Championship and also New National Record
Holder in the XXXVI National Shooting
Championship Competition held in 1993.
Petitioners have indicated, in the Rejoinder to
their writ petition that the documents supplied by
the Academy vide letter No. CA.PS/2006-
2007/961 dated 16.02.2007 reveal that Tsewang
Paljore, respondent No. 6, did not possess any
additional qualification i.e. of possessing M.Phil or
Ph.D Degrees and would possess only Masters
Degree, and that too, with the 2nd Division.
According to the petitioners, the three months
Computer Course Certificate and Certificate of
Diploma in Journalism produced by Respondent
No. 6 could not be taken into consideration by the
Selection Committee because those had been
obtained after the cut-off date fixed in the
Notification and even otherwise would not qualify
the respondent for the award of marks for
possessing Additional qualification according to
the criteria fixed by the Selection Committee.
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Petitioners have further indicated in their
rejoinder as to how had the Selection Committee
converted their merit into demerit in omitting to
award them marks which they were entitled to,
according to the criteria fixed for the purpose, and
that the Selection Committee had allowed marks
under the heads additional qualification, and
published works to respondent No.6 which he
was not otherwise entitled to, in terms of the
criteria fixed by the Selection Committee.
Elaborating their submissions, it is stated that
respondent no.6 was not entitled to be awarded
for the published works because he had NO
published work to his credit when he had applied
seeking consideration for selection. Awarding of
24 marks under this head to respondent No. 6, by
the Selection Committee, was thus unwarranted
and unjustified.
Perusal of the records made available by the
Academy, and the material placed on the records
by the parties to the writ petition, indicate that
the criterion fixed for evaluating the merit and
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suitability of the candidates, for selection, against
the post of Cultural Officers, was as follows:
1. Qualification 10 Marks
(M.A. 1st Division 10 Marks 2nd Div. 8 Marks 3rd Div, 7 Marks)
2. Additional Qualification 10 Marks
(M. Phil, Ph.D, Degree (two years), Diploma one year)
3. Published work 10 Marks
(Book published)
4. Viva-Voce 50 Marks
(10 marks to each member)
The merit of the petitioners and respondent
No. 6 which the Academys Selection Committee
had evaluated, has been indicated in Academys
Objections/Counter Affidavit as follows:
Perusal of the records further indicates that
rather than evaluating the merit of candidates out
of 10 marks earmarked for, Basic Qualification,
Additional Qualification and Published Works, the
Academy had taken the sum total of the
Name of the candidate Qualification
10 marks
Additional qualification
10 marks
Published works
10 marks
Viva voce
50 (10 marks for each
member)
Total
Sonam Jaldon
(Petitioner No.1)
35 24 5 30 94
Tsewang Paljor
(Respondent No. 6)
40 26 24 41 131
Sonam Chosjor
(Petitioner No. 2)
40 13 4 13 70
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evaluation made by each member of the Selection
Committee under these heads. This error,
however, may not affect the determination of the
issue which falls for consideration in this petition
as to whether or not the selection conducted by
the Academy for the post of Cultural Officer was
valid?, for the evaluation so made can be
converted into requisite evaluation of each
candidate out of the total marks earmarked for
such evaluation, by dividing the evaluation of the
Committee, by five.
When so done, the merit of the candidates
relevant for the purpose of this petition would be
as follows:-
Some more facts, appearing from the records
of the Academy, need to be noticed here.
Name of the candidate Qualification
10 marks
Additional qualification
10 marks
Published works
10 marks
Viva voce
50 (10 marks for each
member)
Total
Sonam Jaldon
(Petitioner No.1)
7 4.8 5 30 46.8
Tsewang Paljor
(Respondent No. 6)
8 5.2 4.8 41 59
Sonam Chosjor
(Petitioner No. 2)
8 2.6 .08 13 24.4
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Although the Selection Committee had
adopted a specific criteria for evaluating the merit
and awarding marks to the candidates for
acquisition of Minimum prescribed qualification,
Additional qualification, etc., yet rather than
following the laid-down criteria, each member had
awarded marks to the candidates for Minimum
prescribed qualification, Additional qualification
etc. according to his own assessment, which
action of theirs is incomprehensible, for, after
laying down the criteria for awarding ten marks to
those who had secured 1st Division in the
prescribed qualification of Post Graduation, eight
marks to those who had acquired Post Graduation
with 2nd Division and seven marks to those who
were placed in the 3rd Division and likewise, ten
marks on account of having acquired additional
qualification to only those who were holding
M.Phil, Ph.D, Degree with two years or Diploma
with one year, no discretion was left to the
members to assess the merit of the candidates,
according to their whims.
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The marks awarded by each member to the
petitioners and the respondent under the above
referred two heads, too differ, and arbitrary
approach appears to have been adopted by the
members in awarding marks under these two
heads to the candidates thereby hinting at
arbitrary, irrational and unfair approach of the
members of the Selection Committee in assessing
the merit of the candidates. One of the members
of the Selection Committee had gone to the extent
of even omitting to award any marks to petitioner
no.1 for his Additional qualification.
Records further indicate that respondent
No.6 did not possess any Additional qualification
at the time when he had applied for consideration
against the advertised post, and had produced
documents evidencing acquisition of Additional
qualification of a three months Basic Computer
Course at Leh on 31st June, 2005 from SIPA
COMPUTER CENTRE and Post Graduate Diploma
in Journalism issued on 25th May, 2004 by
MANAGEMENT STUDIES PROMOTION INSTI12
TUTE, NEW DELHI, during the currency of the
Selection Process BUT admittedly much after 31st
October, 2003, the date prescribed as such in the
advertisement notice, for receipt of testimonials.
In view of the above mentioned factual
position emerging from the records, it becomes
apparent that the members of the Selection
Committee had failed to follow the laid-down
criteria for awarding marks to the candidates for
possessing Basic qualification, Additional
qualification and Published work, to assess their
merit and suitability for the advertised post. Such
course adopted by the Selection Committee in not
following the laid-down criteria for assessing the
merit of the candidates, in the absence of any
justifiable cause for deviating from the laid-down
criteria, projected during the hearing of the
petition, is nothing but stark arbitrariness.
The action of the Selection Committee in
taking into consideration the qualifications
acquired by respondent No.6 after the cut-off date
of 31st October, 2003 and awarding marks to him
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for such qualifications, without providing any
opportunity to other candidates of referring to
their Additional qualifications, if any, possessed
during the currency of the Selection Process,
offends Article 14 of the Constitution of India.
Taking into consideration the biased
approach of the Selection Committee in evaluating
respondent No.6s merit against the laid-down
criterion, and awarding him marks much more
than the one which he would have been entitled to
in terms of the criterion, and omitting to award
marks to the candidates, which they were entitled
to, in terms of the laid-down criterion, clearly
demonstrates unfair and arbitrary approach of the
Committee, in assessing the merit of the eligible
candidates and preparing the panel of candidates
for selection against the post of the Cultural
Officer, Leh leading to the issuance of Academy
Order No.72 of 2006 dated 23.11.2006 appointing
respondent No.6 as Cultural Officer, Leh.
For all what has been said above, Tsewang
Paljor, respondent No.6s Selection, found to be in
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violation of the laid-down criteria, is held to be
arbitrary and in violation of Article 14 of the
Constitution of India.
The Writ petition, therefore, succeeds, and is
accordingly allowed quashing Academys Selection
Panel for the post of Cultural Officer, Leh and
setting aside the Selection and Appointment of
Tsewang Paljor, respondent No.6 against the
post of Cultural Officer, Leh notified for Selection
by the Jammu and Kashmir Academy of Art,
Culture and Languages, Srinagar vide
Employment Notice No. ADM-E/12/2003-
04/3099-3113 dated 22nd of September, 2003.
Academy to bear the litigation expenses of the
petitioners, which are assessed at Rs.10,000/-.
(J.P. Singh)
Judge
JAMMU:
17.04.2009
Pawan Chopra