Swp No. 875/2012. Case: Sandeep Sharma and Ors. Vs State of J&K and Ors.. High Court of Jammu and Kashmir (India)
| Case Number | Swp No. 875/2012 |
| Counsel | For Appellant: Sunil Sethi, P.N. Raina Sr. Advocates, F.A. Natnoo, R.H. Mir, C.M. Koul, S.K. Shukla, Verinder Bhat, Vikas Sharma, Rozina Afzal, A.M. Malik and Rajender Jamwal, Advocates and For Respondents: Z.A. Shah, D.C. Raina, Sr. Advocates, Gagan Basotra, Sr. AAG, Vipan Gandotra and Ananta Raina, Advocates |
| Judges | Hasnain Massodi, J. |
| Issue | Service Law |
| Citation | 2014 (4) JKJ 254 |
| Judgement Date | July 15, 2014 |
| Court | High Court of Jammu and Kashmir (India) |
Judgment:
Hasnain Massodi, J.,( At Jammu)
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State Police Headquarters (PHQ), vide Advertisement Notice dated 1st March 2011, invited applications from candidates, fulfilling eligibility criteria laid down in the notice, for posts of "Constable in Photography Cadre" in Pay Band-1 Rs. 5200-20200+1800 Grade Pay plus allowance. Candidates, belonging to Leh/Kargil Districts and Gurkha community (State Subjects) were to get benefit of relaxation in physical standards. Applications were to be deposited in the office of respective Range Deputy Inspectors of General by 31st March 2011. Office of Range DIG was to check applications and original testimonials of each candidate, in particular date of birth, minimum education qualification, category certificate and make necessary entries in recruitment register, before their onward submission to Recruitment Board where recruitment process was to be initiated. Petitioners and private respondents responded to advertisement notice. They participated in selection process i.e. physical standard test (PST), Physical Endurance Test (PET), Technical Test. On conclusion of selection process, Select List was issued by PHQ, Jammu under signatures of AIG(P) for DGP vide PHQ No. 1344 of 2012 dated April 11, 2012.
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Petitioners in writ petitions on hand did not find place in the Select List. They, aggrieved with their non-selection and private respondents' selection, throw challenge to the select List through medium of writ petitions on hand on the grounds set out in their respective petitions.
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Petitioners' main grievance, running through weft and warp of all petitions, is that official respondents unmindful of contents of Advertisement Notice, eligibility criteria laid down therein and in violation of rules and regulations, made District-wise selection on the basis of merit computed at district level, instead of selection at State level. It is pleaded that respondents deliberately did not mention number of posts advertised or their category-wise breakup, so as to leave scope for favoritism and compromise with merit. Petitioners insist that advertisement notice did not indicate that posts advertised were district cadre posts or that official respondents proposed to make selection at District level and that respondents changed criteria in the middle of selection process to the detriment of meritorious candidates. Change in selection criteria, according to petitioners, has worked harshly against them and converted merit into demerit and unjustifiably deprived meritorious candidates of an opportunity to get selected against advertised posts. Private respondents are said to have found place in Select List notwithstanding their lower merit as against petitioners. Selection process and Select List are also said to offend J&K Reservation Act, 2004, and J&K Reservation Rules, 2005.
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Writ petitions are opposed by respondents on the grounds that as post of Constable is District cadre post, Superintendent of Police in terms of Rule 172, J&K Police Rules, 1960, is competent to make selection and appointment against the post. To reinforce their claim that posts advertised were District cadre posts, respondents seek to draw support from provisions of Jammu and Kashmir Civil Services (Decentralization and Recruitment) Act, 2010. It is stated that having regard to pay scale carried by post i.e. Constable Photography, it, in terms of Section 2(b) of the Act, is to be treated as District Cadre post. It is insisted that once post in question is held to be a District cadre post, selection made by respondents against advertised posts and appointments ordered on the basis of select list, cannot be faulted on the ground that selection was made District-wise, after allotment of advertised posts to the districts. Respondents plead that after 114 posts of Constable Photography Cadre were advertised, posts were distributed amongst 22 Districts on the basis of population of each District as per 2011 Census and posts allotted to a District filled up from amongst candidates hailing from such district. It is pleaded that petitioners participated in selection process and threw challenge to select list only after they failed to make the grade-a course, according to respondents, not permissible under law. Writ petitions are said to be liable to be dismissed on this ground alone. It is pleaded that merit was not compromised while making selection inasmuch as Distric-wise select-lists were drawn purely on the basis of district-wise merit.
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I have gone through pleadings as also selection record made available by learned Senior-Additional Advocate General. I have heard learned counsel for parties at length.
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Respondent No. 2 admittedly invited applications from eligible candidates for advertised posts at State level. On finalisation of selection process, advertised posts were filled up District-wise on the basis of merit computed at District level. Petitioner's case, as already stated, is that once posts were advertised at State Level, selection process was to be finalised at State level on the basis of merit computed at State level unless respondent No. 2 before selection process was finalised, informed aspirants for advertised posts that selection was proposed to be made at District level giving them liberty to apply in the District of their choice. In order to deal with controversy, we need to give a closer look at advertisement notice so as to have a better understanding of eligibility criteria notified and selection criteria proposed to be followed while finalising selection process. Advertisement notice reads as under:--
"POLICE HEADQUARTERS JAMMU & KASHMIR
JAMMU***
ADVERTISEMENT NOTICE
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Application as per enclosed proforma are invited from the permanent residents of J&K State for their recruitment as Constable in Photography Cadre of J&K Police in the Pay Band-I Rs. 5200-20200+1800 Grade Pay plus allowances as sanctioned by the State Government from time to time.
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The educational qualification, age and physical standards prescribed for the above mentioned post are specified as under:--
For the candidates belonging to Leh/Kargil Districts and Gurkha community (State Subjects) the minimum heights shall be 5'-4" for male and 5' for female candidates.
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Reservations
Due representation will be given to the candidates belonging to reserved categories as provided under SRO-294/2008 dated 21.10.2005 read with SRO-144/2008 dated 28.05.2008
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The application forms should be accompanied by attested copies of the following certificates.
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Date of Birth Certificate (Matriculation)
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Academic Qualification Certificate
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Technical qualification Certificate
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State Subject Certificate
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Reserved category certificate (if applicable)
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Four copies of recent passport size photograph
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Candidates will be subjected to following test.
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Physical Standard Test (PST)
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Physical Endurance Test (PET)
Only those candidates who are found physically fit in physical measurement and possessing other prescribed standards will be allowed to compete in the endurance tests an mentioned below:
Male candidates
Event Qualifying time (distance)
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100m Race 15 seconds or less.
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1500 Mtrs. Race 06 Minutes or less.
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High jump 03 1/2 Feet (in three chances)
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Long Jump 12 Feet (in three, chances)
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Push ups (20) Female candidates
Event Qualifying time (distance)
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100m race 16.5 Seconds or less
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200 Mtrs. Race 36 Seconds or less.
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High Jump 03 1/2 Feet (in three chances)
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Long Jump 12 Feet (in three chances)
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Push ups (20)
III Technical Test: The candidates who qualify the physical endurance test shall be eligible to appear in the following tests:
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Proficiency test (both practical/theoretical) to evaluate skill/knowledge of the candidates in photography and other allied areas. - 100 marks
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Computer Aptitude Test - 30 marks
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Viva voce test - 20 marks
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The application form should be deposited in the office of respective Range DIsG of Police under proper receipt. Application forms incomplete in any manner or not filled up properly shall be rejected. The...
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