GAZALA MASOODI Vs. STATE
LAWS(J&K)-2012-12-11
HIGH COURT OF JAMMU AND KASHMIR
Decided on
December 04,2012
Gazala Masoodi
Appellant
VERSUS
STATE
Respondents
Referred Judgements :-
DR.MUSHTAQ AHMAD LONE V. STATE OF JANDK [REFERRED TO]KUNDA S KADAM THE MAHARASHTRA PUBLIC SERVICE COMMISSION VS. K K SOMAN [REFERRED TO]
OM PRAKASH SHUKLA VS. AKHILESH KUMAR SHUKLA [REFERRED TO]
TRIVEDI HIMANSHU GHANSHYAMBHAI VS. AHMEDABAD MUNICIPAL CORPORATION [REFERRED TO]
M V THIMMAIAH VS. UNION PUBLIC SERVICE COMMISSION [REFERRED TO]
J&KSSRB VS. NEELAM GUPTA [REFERRED TO]
PAWAN KUMAR VS. STATE [REFERRED TO]
MAHROOF AHMED & ORS. VS. STATE & ORS. [REFERRED TO]
JUDGEMENT
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(1.)CONSIDERED .
(2.)THE main contentions of the learned counsel for the petitioners for annulling the select list are :
(a) that the aspiring candidates of District Kupwara for the posts of teachers (District Cadre, Kupwara) formed one class so interview of all the candidates who were called for interview should have been conducted only by the members of District Level Selection Committee constituted for District Kupwara, but interview has been conducted by three Committees, as a result thereof, rule of uniformity has been offended rendering interview process as invalid; (b) that the constitution of third Committee is in violation of the statutory rules; (c) learned AAG contended that the replacement of the Convenor for 20.06.2011 and 21.06.2011, the dates of interview was circumstantial as the mother of the earlier Convenor Mr.Shabir was hospitalised; and (d) constitution of the Committee at Central Level was necessary in view of the representations and Court directions to conduct the interview of the candidates of all the Districts.
Learned counsel appearing for the respondents would contend (a) that the select list under challenge is provisional, open to objections, therefore, writ petition is premature; and (b) the petitioners have participated in the process of interview but have failed to make the grade, now it is not open for them to turn around and to say that the interview process was bad.
(3.)ON perusal of the respective pleadings of the parties, admitted position as has emerged is that vide Advertisement Notice No.07 of 2010 dated 12.11.2010 for supplying 5845 posts of teachers in the Districts of Jammu and Kashmir, the applications have been invited by respondent-Service Selection Board (hereinafter for short referred to as Board '). For District Kupwara, 563 posts were to be supplied with following break up:-
i) O.M. (Open merit) : 322 ii) S.C. (Social Caste) : 46 iii) S.T. (Scheduled Tribe) : 56 iv) R.B.A. (Resident of Backward Area) : 112 v) A.L.C. (Actual Line of Control) : 17 vi) O.S.C. (Other Social Caste) : 10
(2.)THE main contentions of the learned counsel for the petitioners for annulling the select list are :
(a) that the aspiring candidates of District Kupwara for the posts of teachers (District Cadre, Kupwara) formed one class so interview of all the candidates who were called for interview should have been conducted only by the members of District Level Selection Committee constituted for District Kupwara, but interview has been conducted by three Committees, as a result thereof, rule of uniformity has been offended rendering interview process as invalid; (b) that the constitution of third Committee is in violation of the statutory rules; (c) learned AAG contended that the replacement of the Convenor for 20.06.2011 and 21.06.2011, the dates of interview was circumstantial as the mother of the earlier Convenor Mr.Shabir was hospitalised; and (d) constitution of the Committee at Central Level was necessary in view of the representations and Court directions to conduct the interview of the candidates of all the Districts.
Learned counsel appearing for the respondents would contend (a) that the select list under challenge is provisional, open to objections, therefore, writ petition is premature; and (b) the petitioners have participated in the process of interview but have failed to make the grade, now it is not open for them to turn around and to say that the interview process was bad.
(3.)ON perusal of the respective pleadings of the parties, admitted position as has emerged is that vide Advertisement Notice No.07 of 2010 dated 12.11.2010 for supplying 5845 posts of teachers in the Districts of Jammu and Kashmir, the applications have been invited by respondent-Service Selection Board (hereinafter for short referred to as Board '). For District Kupwara, 563 posts were to be supplied with following break up:-
i) O.M. (Open merit) : 322 ii) S.C. (Social Caste) : 46 iii) S.T. (Scheduled Tribe) : 56 iv) R.B.A. (Resident of Backward Area) : 112 v) A.L.C. (Actual Line of Control) : 17 vi) O.S.C. (Other Social Caste) : 10
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