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| Wait list not perennial source of recruitment to fill up future vacancies: HC | | | Early Times Report
Jammu, June 4: In a landmark judgment, Justice Sanjeev Kumar held that posts which fall vacant on account of death or resignation of the selected candidate are required to be treated as fresh vacancies to be filled up by following the process of selection to be initiated by issuance of fresh notification. The candidates in the wait list cannot lay any claim on such posts. As is rightly said, wait list does not provide a perennial source of recruitment to be operated upon to fill the future vacancies including the vacancies that become available due to death or resignation of the selected/appointed candidates.
This significant judgment has been passed in a petition filed by Dr. Arti Khurana in which it has been submitted that Jammu and Kashmir Public Service Commission vide its notice No.46-PSC(DR-P) of 2012 dated 01.08.2012 invited applications from eligible candidates for the post of Lecturer Radio Diagnosis in Government Medical College, Jammu in the Health and Medical Education Department. The petitioner applied under the open category. On conclusion of the selection process, a general merit list was issued in which the name of the petitioner figured at serial No.3. Since the advertised posts were two in the aforesaid discipline, as such, two candidates, namely, Nitin Vermani and Rohit Sharma came to be selected in open merit category. Consequently, the appointments in their favour were issued and both the candidates aforesaid joined. The petitioner being at serial No.3 of the merit panel was placed at serial No.1 of the wait-list and the grouse of the petitioner, as projected in this petition, is that, though, the wait-list was still valid and the vacancy had arisen due to resignation of Dr. Nitin Vermani, yet the respondents did not appoint the petitioner. The petitioner approached this Court by way of SWP No.2698/2013 which was disposed of by this Court on 12.06.2014 directing the respondents to consider the case of the petitioner. In compliance to the direction issued by this Court, claim of the petitioner was considered and rejected by respondent No.4 vide order dated 16.02.2015 declaring that the claim of the petitioner was not sustainable in view of Rule 57 of the Jammu & Kashmir Public Service Commission (Business and Procedure) Rules, 1980. It is also submitted that in similar set of circumstances respondent No. 1 had operated the wait-list by supplying vacancy arisen due to resignation of a selected/ appointed candidate. |
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