Parvaiz Ahmad Parry vs State Of Jammu& Kashmir And Ors

3. In order to appreciate the issues involved in the appeal, which lie in a narrow compass, few relevant facts need mention infra.

4. The appellant completed B.Sc. with Forestry as one of the major subjects from Garhwal University, Uttarakhand in the year 2001. Thereafter he also completed his M.Sc.(Forestry) from the same University in the year 2003.

9. By Notification dated 20.07.2007, the JKPSC advertised 23 posts of J & K Forest Service Range Officers Grade-I (Forest) and invited applications from the eligible candidates. The eligibility qualification mentioned in the Notification was “B.Sc.(Forestry) or equivalent from any University recognized by the ICAR”. The appointment to the post was to be made on the basis of written test, viva-voce test, walking test and medical test. The appellant applied for the said post.

11. On 07.10.2010, the appellant sent a representation to the JKPSC to re- consider his case as according to him, he possessed the qualification prescribed for the post. On 11.10.2010, the appellant sent another representation to the JKPSC requesting it to allow him to participate in the selection. Since no action was taken on the representation, the appellant filed a petition being SWP No. 2699 of 2010 before the High Court for issuance of writ of certiorari for quashing the said notification dated 08.09.2010 and for further direction to the JKPSC to allow him to participate in the selection process.

12. The learned Single Judge, by interim order dated 24.11.2010, allowed the appellant to appear in the written examination subject to the outcome of the writ petition. Accordingly, the appellant appeared in the examination.

14. On 22.07.2011, the JKPSC published a list of selected candidates who were recommended for appointment on the basis of merit but the list did not reflect the name of the appellant.

15. By order dated 12.11.2012, the learned Single Judge dismissed the writ petition.

16. Against by the said order, the appellant preferred an appeal being L.P.A. No. 102 of 2012 before the High Court. Pending disposal of the appeal, the Division Bench, by interim order dated 22.11.2012, directed that one post of Range Officer Grade-I (Forest) be reserved for the appellant. However, by order dated 10.05.2013, the Division Bench dismissed the appeal.

23. We do not agree with the reasoning of the High Court that in order to be an eligible candidate, the appellant should have done B.Sc. in Forestry and since he had not done so, he was not considered as an eligible candidate. This reasoning, in our view, does not stand to any logic and is, therefore, not acceptable insofar as the facts of this case are concerned.

28. In the light of foregoing discussion, we are not in agreement with the view taken by the High Court when it was held that the appellant did not possess the prescribed qualification. This finding, as held above, is unsustainable and thus cannot be upheld. The appeal thus succeeds and is accordingly allowed. Impugned order is set aside. As a consequence, the writ petition filed by the appellant succeeds and is accordingly allowed. Since the appellant has already cleared the written examination and had appeared in the interview and further one post was directed to be kept reserved for him by the orders of the High Court in the event, the appellant succeeds in this litigation, we consider it appropriate to direct the respondents to issue necessary appointment order in favour of the appellant for the said post after ensuring compliance of the procedural formalities within one month from the date of receipt of this judgment.