SSRB, J&K Vs. ALI ASGHAR
LAWS(J&K)-2006-3-41
HIGH COURT OF JAMMU AND KASHMIR
Decided on March 22,2006

Ssrb, JAndK Appellant
VERSUS
Ali Asghar Respondents

JUDGEMENT

- (1.) THIS appeal is directed against the Writ Court judgment dated 6.7.2001 allowing first respondents writ petition, SWP no. 992/1998 directing the appellant -Board to recommend writ petitioners name for selection/appointment to the post of Patwari. The facts leading to this appeal may be summarized thus: -
(2.) THE Jammu and Kashmir State Service Selection Board issued advertisement notice No. 3 of 1997 dated 29.4.1997 inviting applications from the eligible candidates for selection to the post of Patwari in District Poonch. Qualification prescribed for the post was Matric and the candidates were required to know Urdu. The first respondent sought selection under RBA category but was not selected as he had -obtained 47.62 points in RBA category as against the last selected candidate who had secured 48.62 points in this category.
(3.) AGGRIEVED by his non -selection, he filed a writ petition, SWP no. 992/1998 seeking quashing of selection of respondents 4 to 17 in the writ petition and his consideration afresh, inter alia, on the ground that the selection made by the appellant -Board was unfair, arbitrary and against rules. The criteria fixed by the Board and allotment of 20 points for viva voce was also questioned as bad and irrational. The appellant -Board contested the writ petition submitting that the criteria laid down for selection, was as follows: - (i) Basic qualification 70 points (ii) Passage writing in Urdu 10 points (iii) Viva voce 20 points. and that the criteria so fixed, was neither unfair nor arbitrary or against rules as projected by the first respondent.;


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