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HC dismisses writ petitions challenging selection of 187 candidates
2/28/2008 10:08:47 PM
Early Times Reporter
Jammu | Feb 28
Justice YP Nargotra of J&K High Court Jammu Wing decided the 14 writ petitions challenging the selection/appointment of 187 candidates in District Poonch and allowed two candidates Paramjit Singh and Arti Kashap.
In the approved for reporting judgment, Justice Nargotra, after hearing Advocates Surinder Singh, RK Gupta, Sudershan Sharma, Ajay Abrol, Adarsh Sharma, Surinder Kour, Shahzad Azeem and FS Butta appearing on behalf of the 14 writ petitions whereas AAG AH Qazi, Sr. Adv MK Bhardwaj with Ajay Abrol, SK Shukla, Dy AG Neeru Goswami, Anil Sharma, Sachin Sharma appearing for the state and private respondents, referred various judgments including the judgment of Balwinder Kour and judgment Apex Court titled Madan Lal Vs State of J&K and observed that except Paramjit petitioner who applied in ALC category has obtained the merit of 51.51 points as against the merit of 43.51 points obtained by the last selected candidate and Arti Kashap one of the petitioner.
As regards Paramjit Singh the contention of Adv SK Shukla appearing for the SSRB is that one post has been reserved and result of the said candidate has not been declared in view of the interim direction passed by the High Court. He submitted the moment Paramjit Singh withdraws petition, his selection would be declared and consequently the recommendation for his appointment shall be made. Upon this, the counsel for the petitioner sought withdrawal of the petition in so far as Paramjit Singh is concerned, his prayer was allowed in so far of the petitioner is concerned. In this view of the matter, the SSRB is required to declare Paramjit Singh selected in ALC category and to make the recommendation for the appointment.
Court further observed that from the chart it is also evident that Arti Kashap who had offered her candidature in OSC category and had obtained 35.19 points in all except in the vive-voice in which she was awarded 0 marks, her interview having been cancelled and she has been declared ineligible. Court perused the record and directed the board to constitute a committee preferably the same committee for interviewing the Arti Kashap who shall thereafter be considered for selection and appointment in Open Merit Category and if after interview she obtains the merit above the last selected candidate in open merit category, she shall be declared selected against any vacancy if any available and shall be recommended for appointment. In case there is no vacancy is available for her than the selection and appointment of last selected candidate in open merit category shall stand quashed and against that vacancy Arti Kashap shall be selected and appointed. With these orders and observations, all the writ petitions except Paramjit Singh and Arti Kashap shall stand dismissed, the Court ordered. JNF
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