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| HC orders appointment of draftsman under ALC category | | | EARLY TIMES REPORT
Jammu, June 12: Justice JP Singh of Jammu & Kashmir High Court Jammu Wing in a petition filed by Narinder Pal Choudhary seeking consideration for selection as draftsman (civil) against the category of resident of area adjoining Line of Actual Control, has directed the J&K Service Selection Board to consider the petitioner for selection against the post of Draftsman (Civil) under the said category. Court further directed the Board that Board shall complete exercise within a period of six months.
The petitioner applied for the post under the Line of Actual Control Category against the advertisement notice issued on November 20, 2005 by the J&K SSRB. He was denied consideration by the Board under the reserved category, on the ground that he had not annexed requisite certificate of being a member of socially and Economically Backward Class falling under the Category of Resident of Area adjoining Line of Actual Control along with his Application Form.
It is not in dispute that the petitioner did not possess requisite certificate indicating him to be the resident of Area adjoining Line of Actual Control, when he had applied seeking consideration for selection against the posts reserved for socially and educationally backward class. He had rather applied for issuance of such certificate after the cut off date as indicated in Notification No.7 of 2005. The certificate, for which he had applied on December 29, 2005, was issued to petitioner on May 31, 2006. The Certificate issued by the Tehsildar, Nowshera, certifies him a member of the socially and educationally backward class falling under the Category of Resident of Area adjoining Line of Actual Control.
Justice JP Singh after hearing the parties observed that as the Board was conscious of the petitioner's status as that of a member of socially and educationally backward class falling under the category of Resident of Area adjoining Line of Actual Control so it was required to consider him against the posts reserved for the category. Its omission to consider the petitioner's case only because he did not possess requisite certificate of his status on the cut off date cannot thus be justified.
The Board has, therefore, erred in refusing consideration to the petitioner for selection against one of the posts reserved for members of socially and educationally backward class under the category of Resident of Area adjoining Line of Actual Control on the ground of his not possessing the certificate on the cut off date indicated in the Notification, ignoring his status as a member of socially and educationally backward class under the category of Resident of Area adjoining Line of Actual Control which stood certified before the finalization of the selection. The petitioner, having been certified to be a member of socially and educationally backward class under the category of Resident of Area adjoining Line of Actual Control before the completion of the selection process, was thus entitled to consideration against the posts reserved for ALC category.
This Petition, therefore, succeeds and is allowed. A direction was, accordingly, issue to the Board to consider the petitioner for selection against the post of draftsman (Civil) under the reserved category of Resident of Area adjoining Line of Actual Control, under Rules.
The Board shall complete this exercise within a period of six weeks. ---JNF
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