JAVED IQBAL BALWAN Vs. STATE OF J&K

JUDGEMENT

(1.) FOR more than four decades, the courts in this country have been resolving the seemingly perpetual rivalry  between the direct recruits and promotees. This dispute has been not only visa -a -vis their quota but also regarding the place which they are to be accorded while fixing their seniority among the promotees. It is this dispute which stands reflected in the present petitions.

(2.) APPLICATIONS were invited for filling the vacancies to the various gazetted posts. Resort was had to the J&K Combined Competitive Examination Rules of 1975. The number of posts which were to be filled were not indicated in the notification. In response to the notification so issued, 1500 candidates are said to have applied. Their application forms were duly screened. Thereafter, examination was held. The result of the examination was declared in the year 1981. As many as 529 candidates were sent for medical examination. As all the candidates were not given actual letters of appointment, they felt aggrieved. Some of them preferred petitions directly before the Supreme Court of India. The basic argument which was urged in these writ petitions was that in the various services to which the appointments were to be made, 50% of the posts were reserved for direct recruits. The remaining vacancies were to go to these candidates who seeking appointment by way of promotion. As this quota of 50% was not adhered to and some candidates who were otherwise eligible were left out, they as indicated above, approached this court and also the Supreme Court of India.

(3.) SO for as this court is concerned, the judgment was delivered by the learned Single judge of this Court. This came to be delivered in SWP NO. 680/84. This happened on 27.6.1984. An appeal was preferred against the said judgment. This appeal came to be decided by a Division Bench of this Court and an agreed order was passed.