Jammu & Kashmir High Court
Aurangzeb Khan vs State Of J&K Thorugh ... on 19 October, 2023
Sr.No.09
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
LPASW No.194/2016
1. Aurangzeb Khan, Aged 26 years
S/o Mohammad Azeem Khan,
R/o Village Bandi, Chechian, Tehsil Haveli
District Poonch
2. Azad Mehmood, Aged 28 years
S/o Shri Najab Din,
R/o Village Mandhaar, Tehsil Haveli
District Poonch
3. Mohd. Arif Aged 37 years
S/o Mohammad Azeem Khan,
R/o Village Bandi, Chechian,
Tehsil Haveli District Poonch
.. Appellant/Petitioner(s)
Through :- Mr. K.K.Pathan, Advocate
V/s
1. State of J&K thorugh Commissioner/Secretary
to Govt.,
Sheep Husbandry Department, Civil Sectt.,
Jammu.
2. Director,
Sheep Husbandry Department, Jammu
3. District Sheep Husbandry Department,
Poonch
4. Dr. Boop Chand Sharma,
Then District Sheep Husbandry Officer, Poonch
(Chairman District Level Selection Committee)
5. Rajiv Kumari Bali S/o netar Parkash
R/o Village Khaneter, Tehsil Haveli District Poonch
6. Noor Hussain S/o Mohd. Hussain R/o Village Hari
Tehsil Surankote District Poonch
7. Shakeel Ahmad S/o Abdul Ghani
R/o Village Balla, Tehsil Mandi District Poonch
2 LPASW No.194/2016
8. Aziz-ur-Rehman S/o Mohd. Din
R/o Village Saloonia Tehsil Mandi District Poonch
9. Javed Iqbal S/o Mohd Ismail R/o Village Bandichachian
Tehsil Haveli District Poonch.
10. Mukhtiar Layaqat S/o Liyaqat Ali
R/o Village Kallar Kattal, Tehsil Surankote
District Poonch.
11. Vinod Kumar S/o Puran Dass R/o Village Androlla
Tehsl and District Rajouri
12. Mohd. Imran S/o Mohd. Latif R/o Village Behramgalla
Tehsil Surankote District Poonch.
13. Mohd. Parvez S/o Mohd. Bashir R/o Village Mahra
Tehsil Surankote District Poonch.
....Respondent(s)
Through:- Mr. Sunil Malhotra, GA for R-1 to 4
Mr. V.B.Gupta, Advocate for R-5 to 13
14. Mohd. Sayeed 26 years S/o Sher Mohd R/o Village Dingla
Tehsil Haveli District Poonch.
15. Mohd. Rashid S/o Mohd. Bashir R/o Village Sathra,
Tehsil Mandi, District Poonch.
16. Shakeel Ahmad S/o Muneer Hussain R/o Village Sathra
Tehsil Mandi District Poonch
17. Mohd. Majeed S/o Abdul Gaffar R/o Village Sathra
Tehsil Mandi District Poonch
18. Jatian Sharma S/o Nanu Sharma R/o Ward No.1,
Near Police Check Post Qazi Morh, District Poonch.
......Proforma respondent(s)
Coram:
HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
HON'BLE MR. JUSTICE MOHAN LAL, JUDGE
3 LPASW No.194/2016
JUDGMENT (ORAL)
19.10.2023
Sanjeev Kumar J
1. This intra Court appeal is directed against the judgment dated
07.12.2016 passed by a learned Single Judge of this Court ("the Writ
Court"] in SWP No.710/2014 titled Aurangzeb Khan and others v. State of
J&K and others, whereby the Writ Court has dismissed the writ petition
filed by the appellants along with some other connected matter.
2. Briefly stated, the facts leading to the filing of this appeal are that
vide advertisement notification dated 25.09.2009, applications were invited
for filing up 13 vacancies in class-IV cadre: 9 posts of Assistant Stock Man
and 7 posts of Fieldman. The appellants herein along with private
respondents and many others participated in the selection process. The
selection process was conducted by the selection committee duly
constituted by the Government. The petitioners, on the basis of their merit
calculated in terms of the selection criteria duly published by the official
respondents, figured in the list of candidates shortlisted for appearing in the
final test as well as viva voce, which was conducted from 19.02.2014 to
25.02.2014. On conclusion of the selection process, select list was prepared
by the selection committee headed by Incharge District Sheep Husbandry
Officer, Poonch and released on 26.02.2014. Though, the same was
published in daily "State Times" on 05.03.2014. After inviting objections
and completing all the requisite formalities, appointment orders in favour
of the selected candidates including private respondents herein were issued.
Pursuant to the appointment orders issued, private respondents and other
selected candidates have joined. The appellants, who could not find their
names in the select list and were not offered appointment, filed SWP
No.710/2014, which was taken up by the Writ court along with other
connected mattes and disposed of vide judgment impugned in this appeal.
It is this judgment of the Writ Court, the appellants have called in question
in this appeal.
3. The impugned judgment is challenged by the appellants primarily on
the following grounds:-
i) That the select list was prepared and issued by the official
respondents when the Chairman of the Committee stood transferred.
It is submitted that the Chairman of the Committee was transferred
on 04.03.2014 while as the select was published in the newspaper on
05.03.2014. It is, thus, argued that the select list was not prepared
and signed by the competent person.
ii) That some of the selected candidates, who had not even participated
in the selection process, have been selected and appointed by the
official respondents at the cost of the appellants.
iii) That the selection criteria prepared and published by the official
respondents for making selections in question was arbitrary and bad
in the eye of law.
4. Having heard learned counsel for the parties and perused the material
on record, we are of the considered view that the judgment passed by the
Writ Court is perfectly legal and falls within the four corners of law and,
therefore, deserves to be upheld.
5. Insofar as, plea of the appellants that the select list was issued under
the signatures of the Chairman on 05.03.2014, who stood transferred from
his post on 04.03.2014 is concerned, the Writ Court has considered this
issue in the light of the reply affidavit filed by the official respondents in
which it has been amply clarified that the select list in question was
prepared and submitted by the selection Committee on 16.02.2014, which
was received by the Director, Sheep Husbandry, Jammu on 27.02.2014. It
is submitted that the select list was published in local daily "State Times"
on 05.03.2014. The Writ Court has correctly appreciated the plea of the
appellants that the select list was prepared and issued by the selection
committee much before the Chairperson heading the committee stood
transferred w.e.f. 04.03.2014.
6. So far as plea of the appellants that some of the candidates, who had
not even participated in the selection process, have made it to the select list
and offered appointment is concerned, we do not find any specific
submission in this regard made in the writ petition nor there is any any
material placed before the Writ Court to substantiate the same. The Writ
Court has rightly not agreed with the appellants that there were some of the
candidates, who had not even participated in the selection process, yet have
been selected and appointed.
7. With regard to the challenge to the selection criteria, the Writ Court
has rightly come to the conclusion that the appellants after participating in
the selection process without any protest or demur cannot be permitted to
turn around and challenge the process of selection after having failed to
find their names in the select list. The reliance placed by the Writ Court on
Madan Lal v. State of J&K, (1995) 3 SCC 486 and Dhanajnay Malik
and others v. State of Uttaranchal and others, (2008) 14 SCC 454 is
quite apt. The legal position is well settled and it is trite law that
candidates, who participate in the selection process with their eyes wide
open, cannot be allowed to turn around and challenge the selection on the
ground that the criteria for selection or the constitution of the selection
committee was arbitrary and not in consonance with law.
8. For the foregoing reasons, we concur with the view taken by the
Writ Court while dismissing the writ petition filed by the appellants.
9. In view of the above, this appeal is found to be without any merit,
hence dismissed.
(Mohan Lal) (Sanjeev Kumar)
Judge Judge
Jammu:
19.10.2023
Vinod, PS
Whether order is reportable: Yes/No
