Akhter Ali And Another vs Union Territory Of J&K & Others

D.S. Mahra, Member (J)

That the applicants have filed the present OA challenging the selection issued by the respondents vide order No. 823 dated 04-10-2020 against the post of Driver. The ground of challenge in the present OA is that the applicants have applied for the post of Drivers and qualified the written test, but were not called for interview. This process of selection was initiated in terms of Advertisement No. 1 & 2 of 2013 dated 12-03-2013.

That the applicants were issued Roll No. 110200000870 and 32010000518 for the post of Firemen Driver and participated in the selection process. The applicants are also alleging that the driving test was conducted for all the candidates who have applied for the post of Driver and the applicants were short listed in terms of notification No. DF/ES/2018-3300-41 dated 23-12-2018.

The applicants have further submitted that after participating in the selection process the examination which was already conducted was cancelled on account of complaints which came to be filed against the selection process. The applicants, however, submitted that they have already qualified the driving test after which the written test of the candidates who had qualified the driving test was to be conducted. The written test which was scheduled for 15.12.2019 could not be conducted on that date and ultimately the test was conducted on 20.09.2020. The applicants had applied for the post of driver and had qualified the driving test whereas most of the candidates who were figuring in the selection list had failed in the driving test. On the other hand, the applicants were allowed to appear in the written test, but were not issued admit cards to appear in the written test for the post of Driver. One of the applicants i.e Shabir Ahmad Dar has alleged that instead of issuing admit cards in his favour to appear in the written test for the post of Driver he was issued admit card to appear in the written test for the post of Fireman whereas he never applied for the said post and the other applicant was not issued the admit card at all. The applicants have also prayed that the CCTV footage of the driving test be summoned before this court which would substantiate the allegations leveled by the applicants.

The Counsel appearing for the respondents has vehemently denied the stand taken by the counsel for the applicants and has referred to the reply filed in the present OA and submitted that the appointments have been made after proper selection by obtaining the services of most meritorious eligible candidates as per the advertisement keeping in view norms, rules, criteria, standards of procedure which speaks volumes about the selection list and subsequent orders which have been very much fair, transparent, impartial, legal and sustainable. Therefore, the plea of the applicants is devoid of any merit and prayed for the dismissal of the OA.

Learned counsel appearing for the applicants fairly states that most of the candidates who were selected for the post of Driver were not eligible at all for the said post. Therefore, the said candidates should not be allowed to join the department as Drivers and the applicants are eligible against the post of Driver as such can be considered by the respondents against the available posts which have fallen vacant due to the fact that most of the selected candidates did not possess requisite eligibility conditions or have secured their selection on the basis of fake and forged documents.

In light of the prayer made by the counsel for applicants, the respondents are directed to consider the applicants for appointment against the post of Drivers which have been left unfilled, subject to their eligibility.

The said exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order.

No order as to costs.