AIJAZ AHMED BHAT Vs. CHAIRMAN P S C

JUDGEMENT

(1.) J &K; Public Service Commission invited application against 22 posts of Assistant Engineer Electrical (with categorized break up) vide notification No. 29 -PSC of 1995 dated 7.12.1995 (Annexure -A). Among others petitioners as also respondent No. 3 have applied Petitioners' allege that they have applied against the posts to be filled up from category of backward area. Respondent No. 3 is stated to have applied for a post in open category. Both petitioners as also respondent No. 3 have appeared in screening test as also in interview before the Public Service Commission. The selection list is yet to be finalized though, consideration process is on.

(2.) PETITIONERS ' grievance is that the respondent No. 3 applied in open merit category and was also screened and interviewed as such candidate. Now he is being treated by the P.S.Cas a reserved category post (RBA), The pleaded basis for this allegation is that the petitioners through reliable sources learnt that Public Service Commission is according consideration to respondent No. 3 under the category of R. B. A. What is the reliable source' is not given out in the petition nor there is any material, annexure or documents whatsoever on record to show that the Public Service Commission is actually considering respondent No. 3 against category post or if so considered on what basis or material. Merely because petitioners have hunch or apprehension about respondent No. 3 being considered against the category post, that cannot furnish cause of action for the writ. Even by consideration as alleged no right of petitioners is violated. In absence of any supporting material, documents and annexures, in the facts and circumstances of this case, it cannot be said that the respondents are only obligated to consider the respondent No. 3 in the category of open merit and not in any other category in the event of petitioner making a grade for consideration in the respective category. The writ petition in its present form is not maintainable and the relief prayed of prohibition to bar the Public Service Commission from considering respondent No. 3 under any other category other than open merit category cannot be granted and that too in absence of any material, documents or annexures to support the petitioners case. It is only if some right of petitioners is violated or respondents fail to discharge its duty which it is legally obligated to perform that writ can lie. Here it is not so, therefore, petition is dismissed in limine.