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| HC says PSC rightly declined to interview ineligible candidate | | | Early Times Report
SRINAGAR, Apr 6: In a petition in which PSC was accused of not having called the candidate for interview, Justice Muzaffar Hussain Attar of high court, Srinagar, held that PSC rightly declined to interview him as no fault in law could be found in the course adopted by it. PSC issued notification on May 28, 2010, for five posts of assistant draftsmen (translation). The essential qualification was provided as bachelors degree in law with proficiency in Urdu language. It was also provided that the candidate must have two years actual practice at bar and three years experience in translation of legal documents.
The petitioner's counsel submitted that he was not having Urdu as a subject at graduation level but he was had it at post-graduate level.
He submitted that the petitioner's candidature was entertained by the PSC but he could not have been denied consideration for being selected and appointed as assistant draftsman (translation).
Justice Attar observed that a person who does not satisfy the terms and conditions of the advertisement notification and is also not aggrieved of the terms and conditions notified therein and does not challenge them on any valid and legal ground cannot file application form in response to the said notification and cannot seek consideration for being selected/appointed to the post. Such a candidate being not eligible as per the terms and conditions of the advertisement notification forms a different class and has no enforceable right in law to pray for the issuance of a direction to the selection authority to consider his/her candidature. The court observed that an ineligible candidate, who was not clothed with any right in law, could not approach the court of law and that too a constitutional court for issuance of high prerogative writs to command the selection authority to do an act in breach of the terms and conditions notified in the advertisement. Such a direction cannot be issued otherwise also as the eligible candidates on the terms and conditions of the advertisement notification form distinct and separate class whereas ineligible candidate on the same set of terms and conditions forms a separate class. The competent authority cannot be directed to give same treatment to an ineligible candidate which is being given to the eligible candidates as that would amount to clubbing of the two different and distinct classes in one single class which would be violative of constitutional guarantees as contained in Article 14 and 16 of the Constitution. The petitioner was initially allowed to compete but on finding that he was ineligible as per the terms and conditions of the advertisement notice, PSC rightly declined to interview him. With these observations, the court dismissed the petition. |
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