SURAKHA BHAN Vs. UNION OF INDIA
LAWS(J&K)-1999-6-14
HIGH COURT OF JAMMU AND KASHMIR
Decided on June 04,1999

Surakha Bhan Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

- (1.) VIDE the advertisement notice No. FI -4/92 -KVS (RP.II) dated 26th of June 1992 the Kendriya Vidyalaya Sagathan invited the application for recruitment to the posts of teachers of different categories. The essential qualifications for PGT candidates was prescribed as atleast second class -masters degree with the minimum of 45% of marks in the subject concerned. This advertisement notice also sought offers for appointment as Primary Teachers with the essential qualification prescribed in the advertisement. The notice contained the instructions part as well which besides other things provided that in -complete applications shall be rejected and the candidates who are called for interview will be paid to and fro second class train/bus fare as provided by the Rules. The notification annexure P -I, did not prescribe the requirement of any diploma/degree or experience in the NCC/Sports.
(2.) IN response to the advertisement notice the petitioner also applied and she was called vide annuxure P -2 dated 18th of June 1993 to appear for interview for the post of Primary Teacher at Jammu on 17th of July 1993.
(3.) IT is pleaded by the petitioner that she had applied for appointment not only as the Primary Teacher but also for the post of Trained Graduate Teacher and Post -Graduate Teacher in Hindi. Her form was accepted by the respondents and she was called for the interview vide annexure P -2. It is complained that in pursuance to the interview call she presented herself before the Selection Committee on 17th of July 1993 at Jammu but she was not interviewed for reasons not disclosed. The petitioner challenges the selection process on the ground that having issued the interview call for the post of Primary Teacher, she was not interviewed ostensibly for no reasons or no cause and thereby her rights guaranteed by Article 14 and 16 of the Constitution of India have been violated. The action of the respondents in not intervening her despite call, is labelled as arbitrary, improper and without any legal basis, sufficient to vitiate the selection process. Writ of mandamus is sought so as to command the respondents to interview her for the post of Primary Teacher and then consider her for appointment against the post in anyone of the schools of the Kendriya Vidyalaya Sangathan. Quashment of the selection process and the release of select list is also sought.;


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