Jammu & Kashmir High Court - Srinagar Bench
Majid Hussain vs State Of Jk & Ors on 2 November, 2019
Author: Ali Mohammad Magrey
Bench: Ali Mohammad Magrey
Serial No. 130
Daily Suppl. List
IN THE HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
***********
WP(C) No. 3182/2019
CM No. 6363/2019
Caveat No. 1735/2019
Majid Hussain.
.............Petitioner(s)
Through: - Ms Asma Rashid, Advocate.
v/s
State of JK & Ors.
..........Respondent(s)
Through: - None.
CORAM:
Hon'ble Mr Justice Ali Mohammad Magrey, Judge.
ORDER
02.11.2019 This matter was taken up second time awaiting appearance of the Caveator, yet he has chosen not to appear.
Caveat shall stand discharged.
Petitioner by medium of the instant petition has challenged the selection of Respondents 3 to 14 on the grounds detailed out in the writ petition with particular reference that these respondents do not possess the prescribed qualification of BSc Forestry from a university recognized by the Indian Council of Agriculture Research (ICAR), therefore, the selection in question is non-est in law. It is further submitted that the Respondents 3 to 14 are not meeting the physical standard of possessing the height of 5'6". Specific plea of Respondents 3 to 14 being not eligible is raised in Paragraph 10, 11 & 12 of writ petition. Paragraph 10, 11 & 12 being relevant are taken note of;
"10. That in this behalf, the petitioner submits that in the said merit list, respondents have shown the following candidates in the order of merit over the head of the petitioner despite of having not possessed the prescribed qualification of BSc Forestry from a University recognized by ICAR and thus selected the respondents 3 and 4 in the Open Merit and respondents 5 and 6 in reserved category. The petitioner seeks to detail out the relevant details of the said candidates as under:-
S. No. Name Category Marks Name of the University Obtained through which BSc Forestry has been passed
1. Haroon Mushtaq RBA/OM 410 Hemavati Nandan Bahugana University Utrrakhand
2. Rakesh Singh OM 396 Hemavati Nandan Bahugana University Utrrakhand
3. Parvaiz Ahmad OM 373 Hemavati Nandan Shangoo Bahugana University Utrrakhand
4. Aurangzeb ST 371.50 Dr. D.R. Ambadkar University, Agra (UP).
5. Mohd. Saleem OM 368.50 Hemavati Nandan Wani Bahugana University Utrrakhand.
6. Javaid Iqbal Bhat OM 353.50 Hemavati Nandan Bahugana University Utrrakhand.
7. Deskyong ST 344.50 Hemavati Nandan Namgyal Bahugana University Utrrakhand.
8. Naveed Ahmad OM 343.50 Hemavati Nandan Paddar Bahugana University Utrrakhand.
11. That, the petitioner submits that Indian Council of Agricultural Research (ICAR) has already notified and declared the details of the Indian Universities recognized by them. The same has as well been put up on their official website. The petitioner submits that Hemavati Nandan Bahugana University, Uttrakhand and Dr. B.R. Ambadkar University, Agra (UP) through which the above mentioned candidates which include respondents 3 to 6 have passed their BSc Forestry course are not at all amongst the recognized Universities of ICAR as notified above. The petitioner submits that as per the information acquired by him from Indian Council of Agricultural Research (ICAR), the said Universities are not recognized by ICAR. The said candidates, therefore, not possessing the prescribed qualification laid down qua the advertisement notice/the Rules, obviously could neither be permitted to participate in the selection process nor included in the merit/select list. The petitioner, however submits that out of the said candidates, respondents 3 and 4, have been selected in the open merit category. The petitioner also submits that the respondents 5 and 6 have been selected in the reserved category of Scheduled Tribes. The petitioner submits that by deletion of the names of the said candidates from the merit list, he was and is entitled to be upgraded to higher position at No. 27.
12. That, not only this, according to the personal information of the petitioner, the following candidates do not At all satisfy the conditions of eligibility of physical (fitness) Standards in that they do not have at all possess the height of 5'-6" as prescribed by the rules/the advertisement notice. The petitioner deems it proper to submit that the said candidates by commission of fraud had obtained fake Certificates from the Chief Medical Officer concerned, testifying their height as 5'-6". The petitioner submits that on Complaint from various candidates, all the selected Candidates have been referred to the Medical Board of GMC Srinagar/Jammu for re-verification of their height standards, which is awaited. The details of the said candidates shown above the petitioner in the order of merit may be mentioned as below:-
S. No. Name Category Merit
1. Basira Mehraj OM 420
2. Khuban OM 408
3. Azeem Raja OM 400
4. Saima Qamar STOM 398
5. Shiba Zahoor OM 395
6. Gh. Ahmad Najar RBA/OM 392
7. Afshan Anjum Baba RBA/OM 385.50
8. Bibi Nigaar OM 381.50
9. Naveed Ahmad Paddar OM 343.50
The petitioner submits that since the said candidates do not satisfy the physical standard conditions, therefore, they too were not entitled to participate either in the selection process or to be reflected in the merit/selection list. The said candidates, impleaded herein as respondents 7 to 14, however, have been selected in the OM/reserved categories. The petitioner submits that consequent to deletion of the said candidates from the merit list, the petitioner would further be upgraded to the position of rank 19 and thus obviously entitled to be selected/appointed against the 25 Number of vacancies in the Open Merit category."
Notice in the main petition as well as in CM, returnable by or before next date of hearing.
List again on 10.02.2020.
Meanwhile, subject to objections from the other side and till next date of hearing before the Bench, the selection qua Respondents 3 to 14, shall stay.
(Ali Mohammad Magrey) Judge Srinagar:
November 2nd, 2019.
"Hamid"ABDUL HAMID BHAT 2019.11.04 16:25 I attest to the accuracy and integrity of this document