Early Times Report
Jammu, Jan 18: Vacation Judge of J&K High Court Srinagar Wing Justice Sanjeev Kumar today directed State to appoint Fayaz Ahmad Ahangar as Sub-Inspector in Jammu & Kashmir Armed Police under SUPC category with effect from 24th June, 2015 when Kulvinder Dev, petitioner in SWP no.2830/2010 was so appointed along with all consequential benefits.
While disposing of the case filed by the petitioner, Justice Sanjeev Kumar observed that in the year 2009, the respondent no.2 invited applications for the posts of Sub-Inspectors in the Jammu & Kashmir Police (Armed), 210 vacancies of Sub-Inspectors were to be filled up, out of which 190 were to be filled up from the open merit category and four, amongst the others, from the Socially Under Privileged Class (SUPC) category. The selection process was conducted which culminated into issuance of the select list. The cut of merit i.e., the merit of the last selected candidate came to be fixed at 58 and 57 points in the open merit and SUPC categories respectively. Some of the selected candidates did not join resulting in shortfall of 35 posts (24 under the open merit, 07 under SC, 03 under RBA and 01 under ALC categories). Accordingly, the waiting list was operated by respondent no.2 in terms of PHQ order No.3693 of 2010 dated 24.11.2010, as a result whereof the cut of merit under open merit category was reduced to 55 points.
One candidate, namely, Javed Hussain, who had secured 56 points under SUPC category approached respondent no.2 seeking his selection in the open merit category on the ground that the cut off merit in the open merit category had gone down to 55 points. His request was acceded to and he was selected under the open merit category. Taking cue from the aforesaid development, one Kulvinder Dev, who was in the waiting list of SUPC category having secured 54 points, approached this Court at Jammu by way of SWP No. 2830/2010. The said writ petition was disposed of by this Court at Jammu vide order dated 10.02.2015. By virtue of the said order, apart from quashing the appointment of respondents 3 and 4 therein, a direction was issued to the respondents to re-frame the select list in regard to 24 vacancies in the general category which had occurred on account of non joining of the selected candidates.
Justice Sanjeev Kumar while directing State to appoint petition further observed that The appointment of the petitioner, however, shall be subject to the availability of the vacancy in the category of SUPC. |
