JYOTSNA MENGI Vs. CHAIRMAN, PUBLIC SERVICE COMMISSION
LAWS(J&K)-2006-7-24
HIGH COURT OF JAMMU AND KASHMIR
Decided on July 11,2006

JYOTSNA MENGI Appellant
VERSUS
Chairman, Public Service Commission Respondents

JUDGEMENT

- (1.) THE J&K Public Service Commission invited applications for the Preliminary Examination of J&K Combined Services for direct recruitment to 124 posts in eight described services vide its Notification No.PSC/Exm -01/66 dated 28.12.2001. The advertisement notice also provided that one post each in J&K Social Welfare (Gazetted) Service and J&K Accounts (Gazetted) Service stands earmarked for selection of candidates from the category of Physically Handicapped/disabled persons in terms of Govt. Order No.62 -SW of 2001 dated 13.3.2001. The petitioner being eligible applied and competed in the Handicapped Category. On the basis of Preliminary Examination conducted by the Commission, she succeeded to find berth in the merit/selection list and was declared qualified in terms of Notification No.PSC/Exm -2002/65 dated 13.11.2002.
(2.) THE Commission vide its Notification No.PSC/Exm -02/69 dated 27.11.2002 invited applications from the candidates who had been declared to have qualified for the Mains Examination on the basis of result of Preliminary Examination, for the J&K Combined Services (Main) Examination, 2002. The number of vacancies to be filled up was notified as follows: a. Junior Scale of KAS (03 Posts) i. Open Competition = 01 ii. Scheduled Tribe Category = 01 iii. Resident of Backward Area Category = 01 b. Other Services (135 Posts) i. Open Merit Competition = 83 ii. Scheduled Caste Category = 11 iii. Scheduled Tribe Category = 11 iv. Resident of Backward Area Category = 25 v. Line of Actual Control Category = 04 vi. S.L.C. Category = 01 (Backlog) Total = 138
(3.) SERVICE and category -wise breakup of these vacancies is as under: - A. Jr. Scale KAS Open RBA SC ST LAC SLC Total 01 01 - 01 - - 03 B. Other Service S.No Service Open RBA SC ST LAC SLC Handicapped Horizontal reservation Tota l 1. Police 24 07 03 04 01 01 (Back -log vacancy) - 40 2. Excise and Taxation 06 02 01 01 - - - 10 3. Cooperative 02 01 01 - - - - 04 4. Accounts 10 02 01 01 - - 01 14 5. Community Development and National Extn. 17 05 02 02 01 - - 27 6. Tourism 01 - - - - - - 01 7. Social Welfare 23 07 03 03 02 - 01 38 8. Transport - 01 - - - - - 01 One post each in J&K Social Welfare (Gazetted) Service and J&K Accounts (Gazetted) Service was earmarked for selection of candidates from the category of Physically Handicapped/disabled persons in terms of Govt. Order No.62 -SW of 2001 dated 13.3.2001. It was further provided by the notification that since only horizontal reservation was available for the physically handicapped/disabled persons, therefore, the two vacancies shall be filled up from the overall availability of the posts in the services of Social Welfare and Accounts.;


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