LAWS(J&K)-2009-2-32

S KANWARJEET SINGH Vs. STATE

Decided On February 11, 2009
S Kanwarjeet Singh Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THIS Letters Patent Appeal, is directed against judgment/order dated 31st Dec. 2008 passed in SWP No. 902/07.

(2.) THE judgment/order dated 31st Dec. 2008 reveals that two writ petitions SWP No. 1113/05 and 902/07 were listed and considered together. Both the petitions were filed by appellant. The appellant, however has no grievance against impugned order so far it relates to SWP No. 1113/05, but is aggrieved of the impugned order so far it deals with the SWP No. 902/07. The appellant had filed SWP No. 1113/07 seeking following reliefs: - "a) Certiorari: - Quashing the notification No. 16 PSC of 2005 dated 13.10.2005, so far as it has reserved two posts for RBA and Schedule Tribe Category, out of three seats in the discipline of ENT. b) Mandamus: - Commanding the respondents to select candidates under open merit category against two posts and a candidate belonging to Line of Actual Control be considered for the third post."

(3.) DURING the pendency of abovesaid writ petition appellant filed second writ petition seeking following reliefs: "a) Certiorari: Quashing Government order bearing No.405 -HME of 2007 dated 15.06.2007, so far as withdrawal of three posts of lecturers in the discipline of ENT is concerned. b) Mandamus: Commanding the respondents to go ahead with the process of selection for three posts of Lecturers in the discipline of ENT which stands advertised vide advertisement notice No.16 -PSC of 2005 dated 13.10.2005 except that out of three posts two posts are to be meant for Open Merit and one for Schedule Tribe/RBA categories. Any other writ order or direction which the Honble Court may deem fit and proper in the facts and circumstances of the case be also passed in favour of the petitioner and against the respondents."