MUZAFFAR AHMAD BHAT Vs. STATE OF J&K

JUDGEMENT

(1.) THE instant appeal under Clause 12 of the Letters Patent is directed against judgment and order dated 06.09.2012 rendered by the learned Single Judge of this Court dismissing the petition filed by the petitioner-appellant.

(2.) THE selection process was initiated for appointment to the post of Electrician (Divisional Cadre Kashmir) by issuing advertisement notice No. 2 of 2008 dated 25.04.2008. The petitioner-appellant and respondent nos. 5 to 7 participated in the selection process. However, respondent no.5 was selected whereas respondent nos. 6 and 7 were shown in the wait list. The wait list candidates surrendered their right with a request to official respondents to issue appointment order in favour of the petitioner- appellant. It is conceded as a fact that respondent no.5- Abdul Rawoof Rather was the most meritorious candidate having secured 72.24 points whereas the petitioner-appellant had secured 67.13 points. The learned Single Judge found that there was only one post which was advertised, no preference could have been given to the petitioner-appellant.

(3.) WE have heard the learned counsel and are of the view that no case is made out for interference because respondent no.5 was the most meritorious candidate selected for the sole post of Electrician. Even if there is any delay in joining the service by respondent no.5, it would not result in forfeiture of his right to be appointed. Therefore, the appeal does not warrant admission. The view taken by the learned Single Judge, in our considered view, cannot be faulted.