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| Controversy over issuance of Category Certificate | | DB takes serious note | | EARLY TIMES REPORT
Jammu, August-03 (JNF):- In a controversy over the issuance of Reserve
Category Certificates, Division Bench of Jammu & Kashmir High Court
Justice Virender Singh and Justice Muzaffar
Hussain Attar while deciding the appeal filed by Jammu & Kashmir
Service Selection Recruitment Board against the judgment of Writ Court
dated June 3, 2010, advised the Chief Secretary J&K State to issue
appropriate directions/instructions to all the concerned authorities
to strictly comply with the mandate contained in the J&K Reservation
Act 2004 and J&K Reservation Rules 2005.
The respondents Narinder Pal Choudhary & Ors applied under
the Reserve Category of ALC for the post of Draftsman Civil which was
advertised by the J&K Service Selection Board for the 71 posts on
December 24, 2005. The respondent’s candidates being a member of ALC
category did not however submit the certificate along with application
on December 24, 2005. The SSB called the respondents for interview not
as a reserve category but as general category candidate. The
respondent filed petition in the state High Court. Writ Court on June
3, 2010 directed the Authority to consider the petitioner for
selection on the posts of Draftsman (civil) as Reserve Category ALC
Civil under Rules. SSRB aggrieved by the judgment filed this LPA.
The court took serious note of the case
and said that the circumstances of the case, however, it is assumed
that the application for issuance of ALC certificate was filed before
the cut of date as the affidavit filed in support of application has
been drafted on December 16, 2005 and has been attested by the Public
Notary on December 22, 2005. The ALC category certificate had been
issued by the competent Authority at a belated stage. Statutory
authority was duty bound to either accept or reject the claim of
candidate within the period of 15 days as provided by the Statute.
Statutory authority has failed to discharge statutory function which
act of the said authority cannot be allowed to adversely affect the
legal and constitutional right of the candidate. In the fact &
circumstances of the case the candidate was eligible to seek
consideration for being selected and appointed as ALC candidate on the
cut of date, so could not have been denied consideration as ALC
candidate when the relevant certificate was available before the date
of interview fixed by the selection authority and directed authority
to consider the petitioner as reserve category candidate in terms of
order passed by the Writ Court. The SSRB is duty bound to determine
the rights and status of the candidate as ALC candidate and in case he
has secured appropriate grade which would entitled him for being
appointed on the post of draftsman civil as a reserved category ALC
candidate and to make appropriate recommendation of appointment of the
candidate. With these observations Court dismissed the appeal. JNF
JNF/AUGUST/03/2011/1
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