Jagdish Singh vs State of Ors.

Mohammad Yaqoob Mir, J.—J & K Service Selection Board (hereinafter for short referred to as SSB) invited applications for various

posts which include two posts of Culture Assistants for District Kathua in the grade of 3050-4910. The qualification prescribed is as under:

Matric having experience in playing Tabla/Dholak and Actopad and one post female singer.

The selection process, culminated in the selection of two candidates, namely, Ajay Kumar, respondent No. 3 and a female candidate, namely,

Reeta Rani who is not the party nor is any grouse claimed against her.

Case of the petitioner is that he has done 10+2 and has done his Visharad and Bhaskar in music from Pracheen Kala Kendra, Chandigarh and

has also performed not only in the State but also outside the State which also include performance on stage at various public functions. Petitioner

has also contended that he is performing regularly at All India Radio/Doordarshan, Jammu, so has been approved by Radio Kashmir, Jammu in the

field of folk, Dholak and Accompt, still has not been selected, instead respondent No. 3 has been selected only on the ground, of his being

postgraduate in science. In addition petitioner has contended that he faired well in the interview, so had every expectation of selection but,

Selection Committee has not acted fairly as they have not adopted a rationale criteria for selection.

Respondent SSB in the reply have in detail given the reasons for selection of respondent No. 3 and have shown as to what was the method and

criteria adopted for the selection. According to criteria applied the petitioner obtained only 38.66 points whereas respondent No. 3 obtained

59.51 points, so based on higher merit respondent No. 3 was selected.

The contention of learned Counsel for the petitioner that there could be no weightage for additional qualification, is bereft of any legal sanctity

because the minimum qualification prescribed is matric. So far as additional qualification is concerned, points were to be given. In the

Advertisement Notice in Clause III(c) it is clearly indicated that the qualification prescribed is minimum, so qualification of matric was not the only

qualification prescribed. The criteria as has been adopted by SSB in its 46th meeting held on 24.9.2005 vis-a-vis the post of Cultural Assistant is

reproduced herein-below:

Department: Information Name of the post with cadre: Cultural Assistant

Qualification prescribed in Recruitment Rules: Matric with experience in musical instruments especially in Tabla/Rabab. Preference will be given to

candidates who are proficient in music and stage acting also. Proposed Criteria:- Weightage to malric 30 pts.

10+2 5 pts. Graduation 10 pts. Post Graduation 15 pts. Experience Parti. Region=5 State= 10 Nation=20 pts.

Viva-Voce______________10 pts

Total = 100 pts.

Adopted Criteria Weightage to matric 30 pts.

10+2(Addl)5pts.

Degree (Addl) 5 pts.

Degree in Music & Fine arts (Addl) lOpts.

Post Graduation (Addl) 10 pts.

Post Graduation in music & Fine Arts 15 pts.

Parti. Region=5 State=10 Nation=20 20 pts.

VivaVoce_________________20 pts

Total 100 pts.

The record as produced clearly indicates that in a most transparent manner selection has been made. It has been clearly indicated as to how

marks have been awarded for interview, basic qualification and additional qualification. The Selection Committee comprising of three members has

clearly shown as to how many marks have been awarded to the aspirant candidates who were four in number. No question of malafides is

discernible from the perusal of the record.

Grouse of the petitioner that he was more meritorious is totally misplaced. It is the respondent No. 3 who in the best wisdom of the Selection

Committee has been found to be meritorious among the male candidates. The same position has been categorically made clear. The method and

criteria for selection has been applied properly. Weightage for 10+2 as well as additional points for participation have been awarded to the

petitioner as both petitioner and respondent No. 3 have only participated at regional level so have been awarded 5 points each. The criteria

applied is totally rationale so is not open to question. That apart, the petitioner after having actively participated in the selection process has not

challenged the Advertisement Notice or the method of selection until he could not find his selection, therefore, cannot now turn round to say that

the process of selection was bad or the criteria adopted was irrational.

In the given facts and circumstances of the case petitioner cannot be permitted to challenge the process of selection including the method and

criteria adopted. The Judgment delivered by the Hon'ble Apex Court in case titled Dhananjay Malik and Ors. v. State of Uttaranchal and Ors.

2008 (2) Supreme 328 squarely applies to the present case. Therefore, the petition deserves dismissal, same is dismissed. Record be returned to

the learned Counsel for the respondent Service Selection Board.