MAYUR SINGH Vs. STATE AND OTHERS
LAWS(J&K)-2018-10-147
HIGH COURT OF JAMMU AND KASHMIR
Decided on
October 26,2018
Mayur Singh
Appellant
VERSUS
STATE AND OTHERS
Respondents
JUDGEMENT
SANJEEV KUMAR,J. -
(1.)In this writ petition, the petitioner has, inter alia, prayed for the following reliefs:
(a). Writ of certiorari whereby quashing the appointment/selection of the private respondent as Gram Rozgar Sewak, Block Thathri Panchayat Halaran.
(b) Writ of Mandamus whereby commanding the officials respondents to appoint the petitioner as Gram Rozgar Sewak being more meritorious than private respondent.
(2.)Briefly stated, the facts giving rise to the filing of this writ petition are that respondent No.3 vide Advertisement Notification (Annexure-A) invited applications for engagement of supporting staff, dedicated to MGNREGA on need basis which, inter alia, included 24 posts in Block Thathri. One post was to be supplied in Panchayat Halqa Halaran. Apart from others, the petitioner as well as respondent No.5 participated in the selection process. The petitioners and respondent No.5 along with three more candidates were interviewed by the Committee. Accordingly, final merit of the candidates for the post of Gram Rozgar Sewak in Panchayat Halqa Halaram was determined in the following manner:JUDGEMENT_147_LAWS(J&K)10_2018_1.html
(3.)Respondent No.5 with the highest merit of 47.60 was engaged as Gram Rozgar Sewak, Panchayat Halqa Halram. The petitioner with merit points 47.41 being the next in the order of merit felt aggrieved and, thus, approached this Court through the medium of the instant writ petition. The selection of respondent No.5 has been assailed by the petitioner, primarily, on the ground that his academic merit has been properly evaluated, in that, going by his percentage of marks as indicated in the marks card of 10+2, respondent No.5 would be entitled to only 24.60 points. If that error deliberately or otherwise committed by the respondents is rectified, the petitioner would be the most meritorious candidate entitled to be appointed as GRS in the Panchayat Halqa concerned. This is the pith and substance of the challenge thrown by the petitioner to the selection and appointment of respondent No.5.
(a). Writ of certiorari whereby quashing the appointment/selection of the private respondent as Gram Rozgar Sewak, Block Thathri Panchayat Halaran.
(b) Writ of Mandamus whereby commanding the officials respondents to appoint the petitioner as Gram Rozgar Sewak being more meritorious than private respondent.
(2.)Briefly stated, the facts giving rise to the filing of this writ petition are that respondent No.3 vide Advertisement Notification (Annexure-A) invited applications for engagement of supporting staff, dedicated to MGNREGA on need basis which, inter alia, included 24 posts in Block Thathri. One post was to be supplied in Panchayat Halqa Halaran. Apart from others, the petitioner as well as respondent No.5 participated in the selection process. The petitioners and respondent No.5 along with three more candidates were interviewed by the Committee. Accordingly, final merit of the candidates for the post of Gram Rozgar Sewak in Panchayat Halqa Halaram was determined in the following manner:
(3.)Respondent No.5 with the highest merit of 47.60 was engaged as Gram Rozgar Sewak, Panchayat Halqa Halram. The petitioner with merit points 47.41 being the next in the order of merit felt aggrieved and, thus, approached this Court through the medium of the instant writ petition. The selection of respondent No.5 has been assailed by the petitioner, primarily, on the ground that his academic merit has been properly evaluated, in that, going by his percentage of marks as indicated in the marks card of 10+2, respondent No.5 would be entitled to only 24.60 points. If that error deliberately or otherwise committed by the respondents is rectified, the petitioner would be the most meritorious candidate entitled to be appointed as GRS in the Panchayat Halqa concerned. This is the pith and substance of the challenge thrown by the petitioner to the selection and appointment of respondent No.5.
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