Asif Ahmad Khan vs State Of JK & Ors.

M.S. Latif, Member (J)

01/ By medium of this T.A, the petitioner seeks a writ of mandamus to command the respondents to strictly follow the terms and conditions laid down in the advertisement notice dated 24-08-2012 regarding the selection and appointment of candidates of J&K State Disaster Response Force (SDRF) in general category in district Ganderbal and appoint the petitioner against one of the available two posts which have remained unfilled in the said district with further direction to the respondents to operate the waiting list for the two unfilled posts of constables in general category in district Ganderbal and select and appoint the petitioner as Constable in JK SDRF against one of the unfilled posts as per his merit.

03/ The facts as are manifest from the record of the file are that in terms of advertisement notice No. Pers-A-Auz-Police-03-II/40355-474 dated 24-08-2012, issued by Police Head Quarters, J&K, Srinagar, applications were invited from the eligible candidates for the post of constables. The petitioner, being eligible as per criteria laid down in the advertisement notice, applied and subsequently he was selected having secured 27 marks. Learned counsel for the petitioner submits that as per the advertisement notice, 08 posts of constables were reserved for district Ganderbal. It is stated that out of 05 posts in the General Category, only 03 posts of constables were filled up, thus, two posts remained unfilled from the said category. Learned counsel submits that the petitioner was placed at S.No. 2 in the Waiting List in district Ganderbal. He further states that the selected candidates as also the petitioner have secured 27 marks but the petitioner has been placed in the waiting list.

04/ It is further submitted that had the respondents filled up all the five posts in the general category, the petitioner would have been among the selected candidates, however, the respondents, without any justification, left 02 posts vacant and placed the petitioner in the waiting list at S.No.2. He submits that such action on the part of the respondents is not only arbitrary but is also against the constitutional guarantees.

05/ It is stated in the petition that the petitioner, apart from being a Graduate (B.A), has also participated in the 12th National Level SQAY Championship in the AERO SQAY Event, as such, the petitioner was possessing all the essential qualifications, i.e. academic, age and physical standard, required for competing for the post in the department of J&K SDRF. However, the respondents issued a selection list of the candidates in the district Ganderbal, filling up only 06 posts out of 08 posts earmarked to be filled up in the said district. Having come to know that the respondents have not filled up the rest of the 02 posts in general category and being aggrieved of such action on their part, the petitioner filed a detailed representation before the Hon’ble Governor and a copy thereof forwarded to the competent authority, praying therein to operate the waiting list and select/appoint the petitioner, but the respondents have not addressed to the plight of the petitioner till date and the petitioner apprehends that the post for which he has competed will be given to some blue eyed candidate.

06/ Learned counsel submits that the respondents have filled up all posts of constables in all other districts, giving more share of posts to the candidates in the general category. However, in district Ganderbal, wherefrom the petitioner hails, 02 posts have not been filled up from the general category, thereby the petitioner has been deprived of equal opportunity in the matter of public employment, thus, violating the provisions of Articles 14, 16 & 21 of the Constitution of India.

07/ Per contra, the respondents in their reply have categorically rebutted the averments made by the petitioner in this petition. It is stated by them that on the basis of merit secured by the petitioner during the recruitment process of constables in SDRF, he is figuring at S.No.2 of the waiting list (General Category) of district Ganderbal and in terms of PHQ J&K Order No. 1425 of 2017 dated 27-04-2017, only 03 posts under General category were allotted to the said district, which stand already filled up and the category-wise distribution of the posts available for recruitment in each district of J&K was also issued in terms of the above order dated 27-04-2017, whereunder the district Ganderbal was allotted 08 posts, which was in tune with Rule 4 of SRO 294 of 2005 (J&K Reservation Rules, 2005).

08/ Respondents have further stated in their reply that out of 08 posts available in district Ganderbal, only six have been selected and one post each for schedule caste and migrant candidate was reserved which remained unfilled due to non availability of eligible candidates from these categories. Accordingly, respondents have submitted that the grounds urged by the petitioner in the petition, being meritless on facts as well as on law, this petition is liable to be dismissed.

09/ Be that as it may, after arguing for a considerable length of time, learned counsel for the petitioner submitted that an identical matter has been dealt with by the Hon’ble High Court of J&K and Ladakh, Srinagar, titled as Shakeel Ahmad Bhat and others versus State of J&K and others (SWP 342/2019), pronounced on 20-09-2019, wherein same reliefs were claimed. He submitted that the petitioner herein would be satisfied if the petition on hand is disposed of on the same analogy as has been discussed and decided in the aforesaid petition.

10/ Heard learned counsel for the parties, perused the contents of the T.A. and the objections filed by the respondents.

11/ In view of an innocuous and limited prayer sought by learned counsel for the petitioner, this petition is disposed of, without commenting upon the merits of the case, with the direction to the respondents to consider case of the petitioner on the same analogy and law laid down by the Hon’ble High Court of J&K, Srinagar, in case bearing No. SWP 342/2019, titled Shakeel Ahmad Bhat and others versus State of J&K and others decided on 20-09-2019, subject to the condition that case of the petitioner herein is similarly situated with the case of the petitioners in the aforesaid petition. Respondents to pass a reasonable and speaking order strictly in accordance with law and entitlement of the petitioner and in case there is no other legal impediment in doing so. Needful to be done by the respondents within eight weeks to be reckoned from the date a copy of this judgement is served upon them.

12/ In view of what has been discussed above, this T.A. shall stand disposed of along with connected M.As, if any.