ASHIQ HUSSAIN Vs. STATE AND OTHERS

JUDGEMENT

(1.) Chief Education Officer, Budgam-respondent no. 3 in the present petition, vide Advertisement Notification no. 01 of 2011 dated 10.01.2011, invited applications from the eligible candidates for Class IV posts available in the Education Department, District-Budgam. Petitioner and respondent no. 5 were amongst the candidates who applied for the advertised post under Physically Handicapped Category (PHC). The selection committee constituted to make the selection headed by respondent no. 3, in view of huge response to the advertisement notice short listed the candidates in the ratio of 1:5, on the basis of their merit in qualifying examination on 16.09.2012, the list of short listed candidates under various categories included Physically Handicapped Category, was published in a local daily. In all 150 candidates were short listed under various categories for 30 advertised vacancies, out of whom 05 candidates were short listed for 01 vacancy available under Physically Handicapped Category.

(2.) Petitioner with 43.24 marks was one amongst the 05 candidates short listed under Physically Handicapped Category and appeared in the interview before the selection committee on 19.09.2012. The respondent no. 3 vide notification no. 04 of 2011 published on 21.09.2011 called respondent no. 4 for interview under Physically Handicapped Category and held her interview on 21.09.2012 itself. The respondent no. 4 on the basis of her merit in qualifying examination secured 42 points and did not qualify for short listing having regard to the cut off points i.e. 42.91, fixed while short listing the candidates, notified on 16.09.2012. The respondent no. 4, thereafter, published the selection list on 25.09.2012, wherein respondent no. 5 was shown to have been selected against 01 post under Physically Handicapped Category.

(3.) Petitioner, aggrieved with Notification no. 04 of 2011 dated 21.09.2011, whereby respondent no. 5 was short listed under Physically Handicapped Category for the advertised post and also with Notification dated 25.09.2012, whereby selection list has been notified and petitioner declared selected for the advertised post under Physically Handicapped Category, has filed writ petition on hand. Petitioner, on the grounds urged in the writ petition seeks quashment of both the notifications and a direction to the respondents 1 to 4 to select and appoint the petitioner for Class IV vacancy advertised vide Notification no. 01 of 2011 dated 10.01.2011.