NARESH SINGH Vs. STATE
LAWS(J&K)-1993-11-1
HIGH COURT OF JAMMU AND KASHMIR
Decided on November 24,1993

NARESH SINGH Appellant
VERSUS
STATE OF JAMMU AND KASHMIR Respondents





Cited Judgements :-

ANJU BAKHSHI VS. STATE [LAWS(J&K)-1996-10-7] [REFERRED TO]
SURJEET SINGH BALI VS. STATE OF J&K [LAWS(J&K)-2007-3-11] [REFERRED TO]
ARSHAD IQBAL VS. STATE [LAWS(J&K)-1997-2-1] [REFERRED TO]
SOVIA ANAND VS. STATE & ORS. [LAWS(J&K)-2015-10-29] [REFERRED TO]


JUDGEMENT

S.C.MATHUR, C.J. - (1.)The appellant was a candidate at the entrance test held to select candidates for admission to the Degree Course in Regional Engineering College, Srinagar and other Regional Engineering Colleges in the country. He failed in his attempt. He filed a writ petition in this Court to challenge his non-election. In that also he failed. He has now preferred the instant Letters Patent Appeal to challenge the judgment of the learned single Judge. A few facts necessary for the disposal of the appeal may be immediately stated :
(2.)On 22-6-1992 a notification was issued inviting applications from eligible candidates. The notification contained in a schedule of relevant dates. In this schedule 10/07/1992 up to 2 p.m. was mentioned as the last date and time for receipt of applications 'complete in all respects'. Roll numbers to the candidates were to be issued between 21-7-92 and 24-7-1992 and 25-7-1992 and 26-7-1992 were mentioned as the dates of examination. The notification disclosed the criteria for selection and made reference to Information Brochure at 3.2 (Note II). For the candidates seeking selection against reserved category, the 'election criteria' contained the following warning :
"Candidates who claim consideration for selection on the basis of their belonging to any of the reserved category as specified in SRO 272 dated 3-7-1982 as amended from time to time must attach requisite category certificate issued by the concerned competent authority as specified in the SROs. In case the candidate is seeking consideration under 'ports category' he should submit the certificate(s) of participation in eligible sports events to the J and K State Sports Council for evaluation and determination of sports candidature as per SRO 314 of 1986 in the absence of the recommendations from the J and K State Sports Council. Candidate(s) shall not be considered under this category but shall only be considered under "OM/any other category" if otherwise eligible for consideration under the same. NO "UNDER PROCESS CERTIFICATE" will be entertained and the candidates will be considered under "OPEN MERIT" category if otherwise eligible for the same."

(3.)Admittedly, the appellant submitted his application within the time fixed in the Notification. The application was however not accompanied with the certificate referred to in the first paragraph of the above extract. Instead it was accompanied with a certificate which read as follows :
"Certified that the Backward Area file No. 81/89 of Sh. Naresh Singh S/o Sh. Krishen Chand, R/o Village Bothri, Tehsil Billawar, District Kathua is under process in this office. (It is only valid for three months)."
This certificate is dated 2-7-1992 and was issued from the office of the Deputy Commissioner, Kathua. This certificate is referable to the "UNDER PROCESS CERTIFICATE" referred to in the second paragraph of the above extract. The appellant was issued Admit card which reads as follows :
"REGN. No. 0136 ROLL No. 49332 PLEASE ADMIT NARESH SINGH SON OF KRISHAI CHAND TO THE ENTRANCE EXAMINATION CENTER NO. 14 LOCATED AT GOVT. POLYTECHNIC (BOYS) JAMMU CATEGORY UNDER WHICH BEING CONSIDERED OM"



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