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Judgment
Mr. Muzaffar Hussain Attar, J.(Oral)—SWP. No. 562 of 2011
Nobody appeared in this case on last date of hearing. Nobody appeared today also, which shows lack of interest to prosecute the case.
Dismissed for non-prosecution along with connected CMP(s). Interim direction shall stand vacated.
SWP. No. 553 of 2011, CMP. No. 1109 of 2015
The petitioner along with other eligible candidates sought consideration for being selected/appointed on the post of Driver in District Kupwara,
which post was notified vide Advertisement Notice 01 of 2008 dated 22nd April, 2008. The petitioner figured at serial no. 1 in the waiting list. In
terms of Order dated 16th January, 2015. The selection of petitioner, in SWP. No. 562/2011 was subsequently cancelled, which he challenged in
SWP. No. 562/2011, which stands dismissed.
The petitioner's claim for his selection/appointment on the post of driver in District Kupwara has also been rejected by the respondent-Director
vide his order dated 16th January, 2015 on the ground that waiting list, where the petitioner figured at serial no. 1, was not in force.
The petitioner, admittedly, figured at serial no. 1 in the waiting list. In the facts of this case the position of the petitioner would be that he would
be deemed to have been selected in terms of the original selection list, inasmuch as, prima-facie, it appears that selection of Mohammad Ashraf
Mir was based on some forged driving license. It is settled position in law that fraud vitiates everything including Court Order. The fact situation
emerging in this case, thus, would show that Mohammad Ashraf Mir was an ineligible candidate and is held to be not a candidate in the selection
list. In this fact position, it has to be declared that the petitioner was always a bona fide candidate and would be deemed to have been selected in
terms of the original selection list.
The petitioner's right of consideration for appointment guaranteed under Article 16 of the Constitution stands infringed.
For the above stated reasons this writ petition along with connected CMP(s) is disposed of in the following manner:-
By issuance of writ of Certiorari order dated 16th January, 2015 passed by respondent-Director is quashed. The respondents are directed to issue
appointment order on the post of driver in favour of the petitioner in district Kupwara which stands reserved in terms of Court Order within week's
time from the date copy of this order is served on them.