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| Petition seeking selection as lecturer dismissed | | | EARLY TIMES REPORT
JAMMU, Nov 26: Dismissing the petition filed by a scheduled caste candidate seeking selection for the post of lecturer computer sciences, Justice JP Singh of Jammu and Kashmir High Court observed that in view of petitioner's failure to secure minimum 40% marks, as assessed by the Commission, the petitioner is disentitled to seek any direction against the respondents who have acted in accordance with law in rejecting petitioner's candidature for the post of Lecturer Grade-I (Computer Science).
Justice Singh, after hearing Adv Sunil Sethi appearing for the petitioner and Adv FA Natnoo appearing for the PSC and also going through the pleadings, observed that petitioner's plea projected through his counsel that being the lone candidate against the post reserved for the candidates belonging to SC category, the petitioner was entitled to be selected and appointed against the post, is misconceived, in view of the provisions of Rule 51 of J&K PSC (Business & Procedure) Rules 1980 which prescribes in its explanation (VI) that for determination of the suitability of candidates for appointment, the candidates from Open Category shall be required to obtain minimum of 50% marks and those belonging to Scheduled Caste/Scheduled Tribe and other Backward Classes shall have to obtain minimum of 40% marks out of the total marks as given in Rule 51. Having failed to obtain minimum of 40% marks out of the total marks fixed by the Commission, the petitioner was not required to be reflected in the select list. Having found the petitioner to fall below the minimum percentage of marks prescribed in Explanation (Vi) of Rule 51 of the Jammu and Kashmir Public Service Commission (Business and Procedure), Rules 1980 on assessment of his merit, the Commission was not under any obligation to reflect the petitioner's name in the select list..
Hari Dutt in his petition claimed that he was the only Scheduled Caste candidate who had been short-listed to seek consideration of the PSC for selection against the reserve post of Lecturer Grade-I computer science.
The PSC in its objections filed submitted that with the assessment of over all performance of the petitioner, he was not found to fall even within the relaxed standard prescribed for candidates belonging to the SC category and having failed to make the grade, the petitioner was not required to be reflected in the select list. Denying the petitioner's entitlement to selection and appointment against the post of lecturer Grade-I computer science, the PSC had prayed for dismissal of the petition.JNF |
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