Sharifa Bano vs State of J&K and Others

Heard learned Counsel for the petitioner.

From the perusal of the file and after hearing learned counsel for the petitioner. It transpies that vide order No.462GR of 1990 dated

16041990, in supersession of all the previous orders, circulars and Govt. instructions issued by the Govt. ""T"" from time to time regarding

recruitment of all sanctioned posts falling out the purview of State subordinate service Recruitment Board including all category ClassIV posts,

were to be made by the appointing authority on the recommendations of a Board Constituted in each district, known as District Recruitment

Board, of which the District Development Commissioner of concerned district was designated as Chairman, District Superintending Engineer as

Member, District Education Officer as member and District Employment Officer as Member/Secretary. The order further reveals that the

jurisdiction of the District Recruitment Board will extend to all category ClassIV posts whether those are included in the District Divisional or State

Cadre. It was further stipulated under the said order that the Chairman will be competent to coopt any other officer as a member for a particular

meeting of selection, District head of the Deptt. to which recruitment relates and it was further stipulated that the Board shall restrict selection of

candidates for posts in the district to candidates for their districts only. The order further stipulated that the Board shall try as far as possible to

recruit local candidates in each area for local vacancies like that in Gurez, Karnah, Bani, Gool Gulab Garh, Pallar etc.

In exercise of these powers, Secretary District Recruitment Board, Baramulla has notified 25 posts of ClassIV lying vacant in the District and in

response to the advertisement, it is reported that about 650 applications lying vacant in the District and in response to the advertisement, it is

reported that about 650 applications were received in the Employment Exchange of the District. The Secretary of the recruitment Board further

evolved a policy for interview in the ratio of 1:5 i.e. one Post five times more candidates for the above mentioned posts viz. for 25 posts, they have

called 125 candidates for interview and it was also desired that as per standing instructions, posts were earmarked for different categories as

mentioned in the notification and thus 21 posts were to be filled up from general category and other 9 posts from reserved category.

It was further stipulated in the notification that candidates who has passed middle examination in the year 1978 and earlier and were within the

age group of 35 and the candidates who has passed matriculation or higher examination in the year 1980 or earlier and were within the age limit of

35 were called to come for interview on different dates which had to commence from 22.2.1993. After having conducted the interviews, a list of

selected candidates of ClassIV employees in various departments was prepared and regarding ClassIV posts i.e. Gasman Orderly and Library

Bearer/ Attendant which were identified in Govt. Degree College Baramulla, a list of four candidates seems to have been prepared for its onward

transmission to the competent authority for issuance of appointment orders. This selection list has been prepared per order No.l RECT of 1993

dated 971993.

As per averments made in the petition, the appointing authority i.e. Principal, Degree College, Baramulla declined to pass any orders of

appointment in favour of the petitioners who stand recommended by the Recruitment Board for ClassIV Posts, on the count that as per Govt.

order No. 260HE of 1993 dated 1461993, ClassIV posts in Higher Education Department (Degree College) were declared as Divisional Cadre

Posts and, as such, a selection committee was already constituted under the aforesaid order, comprising of Addl. Secretary, Higher Education

Department as convenor, two Principal of the Colleges to be nominated by the Administrative Department in rotation in each Division as member

and Deputy Secretary, Higher Education Department as Member Secretary and so on.

Thus in light of the fact that the posts known as ClassIV posts in the Higher Education Department (Colleges) having been declared as

Divisional Cadre Posts with the words ""shall and shall always be treated as Divisional Cadre Posts"" and this order is prior to the select list having

been prepared by the District Recruitment Board of Baramulla on 9.7.1993.

In the present writ petition, the petitioners have prayed that a writ of mandamus be issued directing he respondents to issue orders of posting in

favour of the petitioners selected vide order No. RECT of 1993 dated 9.7.1993 and a writ of certiorari, quashing the Govt. order No. 260HE of

1993 dated 14.6.1993 and letter No.A.2/ 32326 dated 22.6.1993 addressed by respondent No.3 for withdrawal of posts.

It may not be out of place to mention here that merely figuring in the select list of candidates does not entitle the candidates for appointment, as

has been held by the Apex Court in number of judgments which need not any reference or quotation.

The writ petition filed by the petitioners is misconceived because the selection process to the extent of enlisting candidates for ClassIV posts in

the Higher Education Department (Degree Colleges) is without jurisdiction and the exercise has been undertaken by the District Recruitment

Board, Baramulla, without any authority and the select list to that extent will be deemed to be nonexistant.

For the foregoing reasons, no good ground is made out for the admission of the petition, which is accordingly dismissed in limine.

Srinagar. Sd/ Hon'ble Parray J.

Heard learned Counsel for the petitioner.

From the perusal of the file and after hearing learned counsel for the petitioner. It transpies that vide order No.462GR of 1990 dated

16041990, in supersession of all the previous orders, circulars and Govt. instructions issued by the Govt. ""T"" from time to time regarding

recruitment of all sanctioned posts falling out the purview of State subordinate service Recruitment Board including all category ClassIV posts,

were to be made by the appointing authority on the recommendations of a Board Constituted in each district, known as District Recruitment

Board, of which the District Development Commissioner of concerned district was designated as Chairman, District Superintending Engineer as

Member, District Education Officer as member and District Employment Officer as Member/Secretary. The order further reveals that the

jurisdiction of the District Recruitment Board will extend to all category ClassIV posts whether those are included in the District Divisional or State

Cadre. It was further stipulated under the said order that the Chairman will be competent to coopt any other officer as a member for a particular

meeting of selection, District head of the Deptt. to which recruitment relates and it was further stipulated that the Board shall restrict selection of

candidates for posts in the district to candidates for their districts only. The order further stipulated that the Board shall try as far as possible to

recruit local candidates in each area for local vacancies like that in Gurez, Karnah, Bani, Gool Gulab Garh, Pallar etc.

In exercise of these powers, Secretary District Recruitment Board, Baramulla has notified 25 posts of ClassIV lying vacant in the District and in

response to the advertisement, it is reported that about 650 applications lying vacant in the District and in response to the advertisement, it is

reported that about 650 applications were received in the Employment Exchange of the District. The Secretary of the recruitment Board further

evolved a policy for interview in the ratio of 1:5 i.e. one Post five times more candidates for the above mentioned posts viz. for 25 posts, they have

called 125 candidates for interview and it was also desired that as per standing instructions, posts were earmarked for different categories as

mentioned in the notification and thus 21 posts were to be filled up from general category and other 9 posts from reserved category.

It was further stipulated in the notification that candidates who has passed middle examination in the year 1978 and earlier and were within the

age group of 35 and the candidates who has passed matriculation or higher examination in the year 1980 or earlier and were within the age limit of

35 were called to come for interview on different dates which had to commence from 22.2.1993. After having conducted the interviews, a list of

selected candidates of ClassIV employees in various departments was prepared and regarding ClassIV posts i.e. Gasman Orderly and Library

Bearer/ Attendant which were identified in Govt. Degree College Baramulla, a list of four candidates seems to have been prepared for its onward

transmission to the competent authority for issuance of appointment orders. This selection list has been prepared per order No.l RECT of 1993

dated 971993.

As per averments made in the petition, the appointing authority i.e. Principal, Degree College, Baramulla declined to pass any orders of

appointment in favour of the petitioners who stand recommended by the Recruitment Board for ClassIV Posts, on the count that as per Govt.

order No. 260HE of 1993 dated 1461993, ClassIV posts in Higher Education Department (Degree College) were declared as Divisional Cadre

Posts and, as such, a selection committee was already constituted under the aforesaid order, comprising of Addl. Secretary, Higher Education

Department as convenor, two Principal of the Colleges to be nominated by the Administrative Department in rotation in each Division as member

and Deputy Secretary, Higher Education Department as Member Secretary and so on.

Thus in light of the fact that the posts known as ClassIV posts in the Higher Education Department (Colleges) having been declared as

Divisional Cadre Posts with the words ""shall and shall always be treated as Divisional Cadre Posts"" and this order is prior to the select list having

been prepared by the District Recruitment Board of Baramulla on 9.7.1993.

In the present writ petition, the petitioners have prayed that a writ of mandamus be issued directing he respondents to issue orders of posting in

favour of the petitioners selected vide order No. RECT of 1993 dated 9.7.1993 and a writ of certiorari, quashing the Govt. order No. 260HE of

1993 dated 14.6.1993 and letter No.A.2/ 32326 dated 22.6.1993 addressed by respondent No.3 for withdrawal of posts.

It may not be out of place to mention here that merely figuring in the select list of candidates does not entitle the candidates for appointment, as

has been held by the Apex Court in number of judgments which need not any reference or quotation.

The writ petition filed by the petitioners is misconceived because the selection process to the extent of enlisting candidates for ClassIV posts in

the Higher Education Department (Degree Colleges) is without jurisdiction and the exercise has been undertaken by the District Recruitment

Board, Baramulla, without any authority and the select list to that extent will be deemed to be nonexistant.

For the foregoing reasons, no good ground is made out for the admission of the petition, which is accordingly dismissed in limine.