JASKARAN SINGH SUDAN Vs. STATE OF JAMMU AND KASHMIR
LAWS(J&K)-2020-3-14
HIGH COURT OF JAMMU AND KASHMIR
Decided on March 10,2020

Jaskaran Singh Sudan Appellant
VERSUS
STATE OF JAMMU AND KASHMIR Respondents




JUDGEMENT

Sanjeev Kumar,J. - (1.)In WP(C) Nos.3824/2019, 4169/2019 and 571/2020, the petitioners, inter alia, have prayed for the following reliefs:-
i) To quash the result of the examination conducted by the J&K Services Selection Board (hereinafter 'the SSB' for short) for testing the 'working knowledge of Urdu' published vide notice No.SSB/Secy/Sel/2019/4563-66 dated 04.09.2019 insofar as it declares the petitioners 'disqualified'.

ii) To quash the notice issued by SSB vide its No.SSB/Sel/Secy/2017/11832-46 dated 18.11.2017, whereby written examination for testing 'working knowledge of Urdu' has been prescribed as qualifying examination.

In the alternative the petitioners pray for following directions:-

i) To take aggregate 25% marks as required percentage for qualifying the descriptive test conducted by the SSB for testing the 'working knowledge of Urdu'.

ii) To select and appoint the petitioners as Naib Tehsildars in revenue department.

The petitioners have lastly laid challenge to the vires of Schedule II-A Executive under the J&K Revenue(Subordinate) Service Recruitment Rules, 2009 (to be referred as 'the Rules of 2009' hereinafter) to the extent it prescribes the 'knowledge of Urdu along with graduation' as the minimum eligibility qualification for direct recruitment to the post of Naib Tehsildar. However, in WP(C) No. 3398/2019 the petitioners have restricted their challenge only to the outcome of the examination conducted for testing the 'working knowledge of Urdu' in which the petitioners, who have obtained 33% marks in both objective and descriptive test, yet have been disqualified on the ground that they have fallen short of 40% in the aggregate.

(2.)The grievance in all the four petitions emanates from the Urdu examination conducted by the Service Selection Board, (for short 'SSB') for testing the 'working knowledge of Urdu' in terms of its notification dated 18.11.2017. All the petitioners have failed to qualify the Urdu test and, therefore, have been ousted from the zone of consideration for selection. It is the claim of the petitioners that they have fared exceptionally very well in the written examination conducted as a part of the selection process and had fair chances of selection but they were thrown out of competition by prescribing the test of 'working knowledge of Urdu' in most discriminatory and irrational manner.
(3.)Before evaluating the merit of contentions raised by the learned counsel appearing for the petitioners, it would be necessary to take note of few facts relevant to the controversy raised in these petitions.
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