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| Applicant with merit below waiting list candidate 'can't claim selection | | | Early Times Report
Jammu, May 17: The J&K High Court has ruled that a candidate in a selection process securing a merit below the waiting list candidate cannot lay any claim of selection and appointment against the advertised post in the event the waiting list candidate does not join against the post when appointment is offered to him on account of non-joining of the selected candidate.
This judgment has been passed by Justice Ali Mohammad Magrey in a petition filed by Likayat Hussain Baniya in which a short but significant question is: whether a candidate in a selection process securing a merit position below the wait listed candidate can lay a claim for selection and appointment against the advertised post in the event the wait listed candidate does not join against the post when appointment is offered to him on account of non-joining of the selected candidate?
The petitioner had offered his candidature for selection against the post of Accounts Assistant (ST category), District Cadre Shopian, advertised by the Jammu and Kashmir Services Selection Board (the Board) at serial no.326 of its advertisement notice no.03 of 2014 dated 30.12.2014, the intending department being the Finance Department. The Board, at the culmination of the selection process, vide its communication no.SSB/Sel/Secy/2016/19683-38 dated 31.08.2016 forwarded the selection list containing the name of a lone candidate alongwith a waiting list, also containing the name of a lone candidate, to the Department. Consequent to the above, the Finance Department, vide Order no.253-Acctts. of 2016 dated 06.12.2016, accorded sanction to the deputation of the selected candidate to the Accounts Training School where he was required to report within 21 days of the issue of the order. It appears that while the Department had yet to act on the selection list so forwarded to it by the Board, the petitioner made a representation addressed to the Directorate General, Accounts and Treasuries, bringing it to his notice that the selected candidate and the candidate figuring in the waiting list had tendered affidavits stating that they did not intend to join, and requesting him to direct the concerned authorities to process his case for selection / appointment in accordance with norms. The above representation, a copy of which has been placed on record as annexure D at page 21 of the writ petition, bears receipt no.2041 dated 01.12.2016 of the Directorate General, Accounts and Treasuries, Finance Department.
Justice Magrey observed that therein Clause 4(c) of the relevant Office Memorandum dated 14.07.1967 provided that if some of the candidates recommended / allotted for appointment against the specific number of vacancies reported in respect of a particular examination do not become available for one reason or another, the Commission may be approached, within a reasonable time, with request for replacements from the reserved, if available. So, therein the Office Memorandum, which governed the subject, itself provided that the Department could approach the Commission for replacements and such replacements had to be requested for from the 'reserved', meaning thereby that the Commission was obliged to maintain a reserved list and only such candidates as figured in the reserved list could be sent as replacements. |
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