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| HC quashes appointment of private respondent as Election Assistant | | | Early Times Report
Jammu, Nov 05- In a petition challenging the selection of private respondent under ALC category for the post of Election Assistant for district Poonch, Justice Mohammed Yaqoob Mir of J&K High Court Jammu Wing today quashed the selection of Javid Iqbal and further directed SSRB to recommend the name of the petitioner for the post of Election Assistant.
This significant judgment was passed in a petition filed by one Mohammed Gulzaid challenging the selection of private respondent Javid Iqbal who was selected in the ALC category on the ground that Javid Iqbal had applied for open merit category but was selected for ALC category though he did not belong to ALC category whereas Rajesh Kumar Sharma though belonging to ALC category having more merit was selected in open category.
In the approved for reporting judgment Justice Mir observed that Advocate Surinder Kour appearing for the petitioner and Advocate Sanjay Kakkar and Advocate SK Shukla appearing for the respondents while projecting their cases stated that private respondent Javid Iqbal did not join the service. For ascertaining the truth whether there has been any malafide exercise, Justice Mir asked the SSRB to produce the selection record. Perusal of the record would reveal whether there has been an element of some favour showered upon respondent Javid Iqbal who has not joined the service. The selection of Javid Iqbal in ALC category is totally illegal and has been selected for reasons best known to SSB as such his selection in ALC category is quashed. The same vacancy is required to be filled up by one out of the remaining three candidates re-interviewed in accordance with merit. Since other two candidates have not challenged the selection of private respondent, therefore, it is imperative for the selection authority to recommend the petitioner Mohammed Gulzaid Khan for appointment within three weeks. JNF
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