Jammu & Kashmir High Court
Ajaz Hussain vs State Of J&K; And Ors on 11 December, 2017
Author: Ramalingam Sudhakar
Bench: Ramalingam Sudhakar
S. No.16
Regular list
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
SWP No.2015/2017 & MP No.01/2017
Date of order:11.12.2017
Ajaz Hussain Vs. State & anr.
Coram:
Hon'ble Mr. Justice Ramalingam Sudhakar, Judge
Appearing counsel:
For Petitioner (s) : Mr. I. M. Khan, Advocate.
For respondent (s) : Mr. Nirmal Kotwal, Sr. AAG.
i) Whether to be reported in
Digest/Journal : Yes/No.
ii) Whether approved for reporting
in Press/Media : Yes/No.
ORAL
1. Going by the nature of relief sought for and with the consent of learned counsel for the parties, the writ petition is admitted to hearing and same is taken up for final disposal.
2. Through the instant writ petition, the petitioner seeks the following reliefs in the nature of Mandamus:-
i) Commanding the respondent No.2 to recommend the name of the petitioner for appointment as Junior Engineer (Civil) pursuant to advertisement Notification No.11 of 2013 dated 24.01.2013 (Item No.884) under RBA category and further respondent No.1 be directed to issue formal appointment order in favour of the petitioner against the aforesaid post; &
ii) Commanding the respondent No.2 to decide the representation of the petitioner dated 31.05.2017 made in the form of legal notice by passing a speaking/reasoned order and till the said decision is taken one post of Junior Engineer (Civil) pursuant to advertisement Notification no.11 of 2013 dated 24.01.2013 (Item No.884) under RBA category be kept reserved.
3. Learned counsel for the petitioner states that the petitioner, being Bachelor in Civil Engineering and belonging to RBA category, applied for the post of Junior SWP No.2015 of 2017 Page 1 of 2 S. No.16 Regular list Engineer pursuant to Advertisement Notice No.11 of 2013 dated 24.12.2013 (Item No.884) issued by the Jammu and Kashmir Services Selection Board. Petitioner claims that he was shown in the waiting list at Serial No.2, however, he was not selected despite five posts being available. Expressing his grouse, the petitioner has filed representation dated 31.05.2017 (Annexure-B) in the form of Legal Notice to Jammu and Kashmir Services Selection Board to accord consideration to his claim for selection to the post of Junior Engineer (Civil) pursuant to Advertisement Notice No.11 of 2013 dated 24.01.2013 (Item No.884) under RBA category.
4. Mr. Kotwal, appearing for the respondents, states that the authority will accord consideration to the claim of the petitioner if already not done, as may be directed by this Court.
5. In this view of the matter, the writ petition is disposed of by directing the Jammu and Kashmir Services Selection Board-respondent No.2 to accord consideration to the claim of the petitioner in light of the Legal Notice i.e., representation dated 31.05.2017 (Annexure-B) and decide the same strictly in accordance with the selection procedure prescribed expeditiously. It is made clear that the Court has not expressed any opinion on the merits of the claim.
6. Writ petition alongwith connected MP stands disposed of, as above.
(Ramalingam Sudhakar) Judge Jammu 11.12.2017 Ram Murti SWP No.2015 of 2017 Page 2 of 2