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| HC issues directions regarding appointment of KAS aspirants | | | Jammu, Aug 26: Justice Bansi Lal Bhat of J&K High Court Jammu Wing has disposed of three petitions and directed the state government to consider the petitioners for appointment in different categories.
The petitioners competed in the Combined Competitive Examination in 2009 under Schedul Tribe, RBA, and open merit. First merit list was issued by respondent no. 3 on 25th March, 2011. Petitioners did not figure in the list of selected candidates, but figured at serial no. 1 and 2 of what is customarily known as 'wait list'. Thus they were next in order of merit, after final selection cut off marks. Petitioners and others figuring in the waiting list approached respondent no.2 with an application dated 29th September, 2011 requesting for information regarding consideration of candidates in the waiting list. Respondent no. 2 supplied the information which revealed that 11 posts had fallen vacant on account of non-joining / resignation apart from one more request for acceptance of resignation of a candidate appointed under Schedul Tribe category as he had been appointed to IAS and allotted Indian Forest Service. Out of these vacancies, in regard to two posts belonging to Schedul Tribe category, petitioners are aggrieved of their exclusion/ non-consideration from recommendation and appointment to the services at the hands of respondents.
Justice BL Bhat after hearing Sr. Adv PN Raina with Advs JA Hamal, HL Koul and Nitin Bhasin appearing for the petitioner whereas Sr. AAG Gagan Basotra appearing for the State whereas FA Natnoo appearing for the PSC observed that Court is of the considered opinion absence of provision in the Recruitment Rules for maintaining a 'wait list' does not justify reference of vacancies, remaining unfilled on account of non-joining of selected candidates, to Public Service Commission for being filled up by initiating fresh process of Combined Competitive Examination. Such a course is detrimental both for the service as well as for the candidates who barely fall short of the cut-off marks. In view of the aforesaid discussion, objections filed by respondents are over-ruled. Since petitioner no. 1 has been selected in the J&K Combined Competitive Examination 2011-12, the writ petition has been dismissed to that extent. Thus only petitioner no.2 is found entitled to relief claimed in the petition. Respondents 1 and 2 are directed to consider filling up of the vacancy caused on account of non-joining of a selected candidate under Schedule Tribe category and offer appointment to petitioner no.2 in the "left-over" position in any available service. In another pettion, petitioner stands as "first waiting" under RBA category and, is found entitled to consideration for appointment against the vacancy caused due to non-joining of Mohd. Farooq Shan. In one more petition petitioner is found entitled to consideration for being appointed either against the availability of seven unfilled posts or against one of the two posts which had fallen vacant due to the non-joining of two candidates namely Vijay Kumar and Jatinder Goswami. Court directed State respondents shall accord consideration to the appointment of petitioners accordingly. Let this exercise be completed within a period of one month. (JNF) |
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