Jammu & Kashmir High CourtVarinder Kumar And Others vs State Of J&K And Others on 17 August, 2020Serial No. 211\n\n\n\n\n              HIGH COURT OF JAMMU AND KASHMIR\n                         AT JAMMU\n\n\n\n\n                                               LPA No. 146/2019 (O & M)\n                                               (Through Video Conferencing)\n\nVarinder Kumar and others                                       ...Appellant(s)\n\n                           Through:- Mr. Kabir Kotwal, Advocate\n\n                          v/s\n\nState of J&K and others                                      ....Respondent(s)\n\n                           Through:- None\n\n\nCoram:       HON'BLE MR. JUSTICE RAJESH BINDAL, JUDGE\n             HON'BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE\n\n                                   JUDGMENTRAJESH BINDAL J01.        The appellants have impugned the judgment dated 29.03.2019\n\npassed by the learned Single Judge in SWP No. 2591/2011, vide which the\n\nwrit petition filed by the writ-petitioners/appellants was dismissed.02.        The issue raised in the writ petition pertains to the selection and\n\nappointment to the Class-IV posts in District Doda, for which advertisement\n\nwas issued on 15.03.2006.03.        Learned counsel for the appellants submitted that in the\n\nadvertisement issued, no post shown in ALC category. However, when\n\nselect list was prepared, three candidates from ALC category were selected2                            LPA No. 146/2019taking the posts belonging to the open merit category, against which the\n\n          appellants, who belong to open merit category, could have been selected.04.               It is not in dispute that the appellants have secured 48.17%,\n\n          48.21% and 50.79% marks, respectively.05.               A perusal of the select list shows that after the select list there is a\n\n          waiting list of 14 candidates in the open merit category. The marks secured\n\n          by the last candidate in the waiting list are 55.91, whereas the marks secured\n\n          by the appellants are not even close to the last candidate in the waiting list.\n\n          Therefore, the appellants could not be selected in the open merit category\n\n          even if three posts of class-IV from Open Merit category were not diverted\n\n          to ALC category.06.               While concurring with the view taken by the learned Single\n\n          Judge, we did not find any merit in the appeal, the same is accordingly\n\n          dismissed.(JAVED IQBAL WANI)                   (RAJESH BINDAL)\n                                                      JUDGE                             JUDGE\n          Jammu\n          17.08.2020\n          Vijay                             Whether the order is speaking:      Yes/No.\n                                            Whether the order is reportable:    Yes/No.\n\n\n\n\nVIJAY KUMAR\n2020.08.21 17:53\nI agree to specified\nportions of this document