Decided on July 16,1993

Rajesh Mengi Appellant
Chairman, JAndK State Services Recruitment Board Respondents


- (1.)BY virtue of this petition the petitioner seeks a Writ of Mandamus from this court asking the respondents to allow him to sit in viva -voce test which was to be held on 7 -12 -1992 at the office of Respondent No. 1 and to make his appointment on merits at par with other candidates as Junior Engineer (Electric) for which post he is duly qualified. According to the petitioner, as advertisement inviting applications for the posts of Junior Engineer (Electric) from the candidates who passed 3 years Diploma in Electric Engineering, was published in Daily Excelsior, and such applications were to reach the office of respondent No, 1 by 15 -5 -i992. The petitioner applied for the post of Junior Engineer (Electric) wish ail the requisite certificates, which were received by the office of respondent No. 1 on 15 -5 -1992. A copy of the receipt showing receipt of petitioners application alongwith requisite documents has been enclosed as Annexure B to the writ petition. The petitioner also produced a certificate, described in Annexure C to the writ petition, showing that he had undergone Four -Years Degree B.E. Course in Electric and had yet to complete one subject of the said course, and such a certificate was issued by the concerned Institute on 4.2.1992. The petitioner passed the examination of B.E. Degree Course in Electric and a certificate to that effect was issued to him on 27.5.1992 certifying that the Final Examination in BE. Degree (Electric) was held in February 1992 by the Banglore University, and the said certificate was sent to the Respondent No. I under registered cover. The interview for filling the post of Junior Engineer (Electric) had been fixed on 7 -12 -1992 at Jammu in the office of Respondent No. 1, but the petitioner was not called for interview although the application was submitted by him within the tlm3 prescribed that all the parsons who were qualified by the date of viva -voce held are not only to be interviewed, but also their cases have to be considered on their merits; that the respondents are duty bound to consider the case of the petitioner, who had pissed his final year Degree Course by 27 -5 -1992, and consider his appointment alongwith other candidates.
(2.)THIS writ petition was followed with C.M.P. No. 2849/92, and upon that, by this court order dated 4 -12 -1992, the petitioner was directed to be interviewed by the respondent on his own risk and responsibility but the same was not to give any right or claim for his appointment.
(3.)AFTER the rule nisi was issued, the respondents appears and filed their objections. The claim of the petitioner was challenged on the ground that the writ petition is not maintainable and the petitioner is not eligible for consideration as per advertisement notice No. 1 of 1992 dt. 9 -4 -1992, which specifically stipulates that the candidates who were possessing the required qualifications, i.e. the Diploma in Electrical Engineering shall appear for the posts for which the last date was 15 -5 -1992. According to the respondents, the petitioner has admitted in his pension that on the last date of submission of application form, he was not possessing the requisite qualification certificate and, therefore, he was not eligible to be considered for the post and as such no discrimination has been caused to him by the respondents.
Heard learned counsel for the parties, also had a thoughtful consideration over the record on the file.

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