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| DB upholds judgment, directs SSB to consider additional qualification | | | Early Times Report
JAMMU, May 30: In a significant judgment a division bench of State High Court comprising Justice Dhiraj Singh Thakur and Justice Sindhu Sharma has upheld the validity of the judgment that additional qualification acquired before cut-off date merits consideration.
The division bench upheld the order dated February, 7, 2017 passed by the Writ Court whereby the single Judge while allowing the writ petition filed by petitioner Saleem Akhter W/o Abdul Khaliq R/o Village Narol, Tehsil Mendhar District Poonch had directed the J&K Service Selection Board (SSB) to award additional marks of MA Urdu qualification acquired through Moulana Azad National Open University (MANU) before the cut-off date fixed by the SSB for the post of Teacher District Cadre Samba under ST Category.
The single Judge had also directed the Service Selection Board that in case the petitioner comes within the zone of selection after award of PG marks then the selection/appointment of last selected candidate be cancelled after issuing a show cause notice to the said candidate.
After hearing Advocate M.I. Sherkhan appearing for the appellant Shagufta Andleeb and others, the Division Bench observed that, "the petitioner's (Saleem Akhter) result for the post graduate course has been declared on April, 17, 2008. However, the marks sheet was issued to the petitioner on June, 17, 2008, which was produced by her at the time of interview on June, 18, 2018. The last cut off date for submission of application form was 15-05-2008. Admittedly the result of Saleem Akhter had been declared before the last cut off date prescribed for receipt of application forms. The petitioner Saleem Akhter had only produced the proof of the said result on the date later than the cut off date i.e. May, 15, 2008. A reference to advertisement notice and in particular the condition which prescribed that any qualification accruing to the candidate after last date of receipt of application shall not merit entertainment for consideration would show that there is nothing in said condition, which would take away from the candidate his/her right to produce proof of having passed the post graduate course at the time of the oral test." |
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