MOHD YOUSUF SHEIKH Vs. STATE
LAWS(J&K)-1993-5-10
HIGH COURT OF JAMMU AND KASHMIR
Decided on May 24,1993

Mohd Yousuf Sheikh Appellant
VERSUS
STATE Respondents

JUDGEMENT

- (1.)THE only grevience of the petitioner is that the respondents could not fill up all the four posts of District Judges in view of the fact that the notification dated 15th November 1990 at the time of issuance catered to only one vacancy. The petitioners specific grievance is that as on 15 -11 -1990, he was not eligible under the Recruitment Rules and, therefore could not apply. He became eligible in 1991 and, according to him, had the vacancies occuring in 1991 and thereafter till 1993 not been filled upon the basis of notification dated 15 -11 -1990, he had a chance of competing along other eligible candidates.
(2.)EVEN though notification was issued on 15 -11 -1990 and it prescribed the last date for submission of application the vacancy position has to be taken into account as on the date, the selection process had to culminate to its logical end. There is no doubt that candidates eligible to apply pursuant to notification alone could do so and others had to wait for their turn as and when they became eligible. This is a normal hazard. The petitioner if he has now become eligible will be entitiled to apply against a future vacancy. He cannot be allowed to complain about the filling up the post vacancies. This petition has no merit and is dismissed along with the connected C.M.P.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.