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| Every State Subject can compete for district, div, State cadre posts, Justice Singh | | |
JAMMU, APRIL 18
Justice JP Singh of J&K High Court, Jammu Wing, dismissing two writ petitions challenging the selection of private respondent against the district cadre post of dental assistant, observed that every state-subject has a right to compete for the post, District, Divisional or State cadre. Discrimination on the ground of place of residents would offend the concept of equality contemplated by Article 14 of the Constitution of India.
This landmark judgment passed in writ petitions filed by Bhushan Sharma and Jai Singh, challenging the selection of private respondents against the District Cadre Post of Dental Assistants, was bad in law as the respondents did not belong to District Kathua moreover petitioner Jai Singh had raised an additional ground in his writ petition that his merit was higher than private respondents, whose selection was thus unsustainable.
In the objection J&K Service Selection Board submitted that there was no bar for the candidates belonging to other Districts to compete for the District Cadre posts and the rule 13 of J&K Subordinate Service Recruitment Rules 1992 has been amended in compliance to the judgment of the J&K High Court in LPA. As regards the merit position of the petitioner Jai Singh, the Board said that merit obtained by the private respondents was higher than the petitioner.
Justice Singh, after hearing Advocate Amran Sabunia and LK Moza appearing for the petitioners and Advocates Surinder Singh, SK Shukla appearing for the respondents, observed that a person otherwise eligible to compete in a selection process, cannot be denied consideration and appointment merely because he belonged to a place other than the one for which the posts had been advertised. The advertisement issued in the present case had not restricted the competition only to those persons who belonged to District Kathua and in that view of the matter too the petitioners cannot have any legitimate grievance against the selection of private respondents as Dental Assistants pursuant to notification dated September 29, 2004. Since the merit of petitioner, Jai Singh, being lower than last selected candidate in open merit category, as such he had no right of selection on the basis of merit. Petitioners plea that only persons residing in district Kathua had right of consideration for selection against the District Cadre post of Dental Assistants in District Kathua, is untenable in view of the law laid down by the J&K High Court in a judgment JKSSRB Vs Vijay Sharma decided on November 16, 2002, as also by the Supreme Court of India in Radhey Shyam Singh and Others Vs Union of India and others. With these observations, the Court dismissed both the writ petitions along with connected CMPs.
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