Gowhar Hussain Najar vs State

Mr. Muzaffar Hussain Attar, J. (Oral) - The petitioner responded to Advertisement Notice No. 04/2013 dated 23rd February, 2013, issued

by respondent - J&K Service Selection Board (SSB) and sought consideration for being selected/appointed on the post of Technician - III,

District Cadre Srinagar, in Power Development Department (PDD), Srinagar.

On the basis of merit, the petitioner was shortlisted for being called for interview but because of non availability of the News Paper, in which the

notice of date of interview was published, he could not appear before the Interview Committee on the scheduled date.

In essence, case of the petitioner is that he had no notice about the date of interview. After learning about conduct of interview, he approached

the respondent-SSB and requested them to interview him also for adjudging his merit and suitability for being selected/appointed on the post of

Technician - III in PDD, but his such request fell on deaf ears, constraining him to file this writ petition.

The petitioner has been interviewed in pursuance to Court order dated 21st January, 2015.

The respondents, in their Reply Affidavit, have stated that the petitioner absented himself on the date of interview. It is admitted at bar that the

petitioner has secured the merit in the selection process, which enabled him to find place in the selection list of the selected candidates.

In the present times, when unemployment of educated youth has assumed alarming proportions, a candidate, who responded to the

Advertisement Notice issued by SSB, would not deliberately or intentionally abstain from participating in the interview.

Contention of the petitioner that the date of interview was published in the News Paper with limited circulation, which prevented him from

appearing before the Interview Committee on the scheduled date, in the facts of this case, has to be accepted as just and plausible reason.

It is concluded that the petitioner had no notice of the date of interview. The respondent-SSB, ought to have interviewed the petitioner when he

approached them.

Be that as it may, the petitioner has now been interviewed in pursuance of the Court order dated 21st January, 2015. He, on the basis of his

merit, has made it to the selection list. Respondents are duty-bound to recommend his name for being appointed on the post of Technician-III in

PDD.

For the above stated reasons, this writ petition is disposed of along with connected IAs and respondents are directed to include the petitioner

in the selection list and recommend him for being appointed on the post of Technician - III in Power Development Department, Srinagar.