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| DB quashes appointment of Teacher after 5 yrs of service | | | Early Times Report
Jammu, Aug 31- In a significant judgment the Division Bench of Jammu and Kashmir High Court today quashed the appointment of a teacher with direction to the respondents to initiate fresh process of selection for the post in accordance with rules and the scheme.
Division Bench comprising Justice Hakim Imtiyaz Hussain and Justice J P Singh quashing the selection of Rekha Devi, who was appointed as teacher in the month of April 2004 in Government High School Gandoh, observed that the facts are not in dispute. DB observed that it is admitted by the respondent that after the selection of candidates belonging to ST Category was made in pursuance to notification January 12, 2004, a afresh notification dated April 10, 2004 was issued. However, no candidate had applied. It was due to this fact the respondent resorted to the earlier selection list prepared on January 12, 2004. In view of the Court this was not permissible at all. Once a fresh notification was issued all the previous select lists process got superceeded. The respondents could not have resorted to such lists and should not have appointed candidate figuring in any of such lists. When the respondents found that no candidate had applied in pursuance to notification April 10, 2004, the proper course was to re-advertise the post. The publication of notice April 10, 2004 was not a mere formality. When the advertisement was issued in respect of post, appointment of the respondent No 4 namely Rekha Devi, when she had not applied in pursuance the advertisement, was not proper and her appointment pursuant to the advertisement notice January 12, 2004 without re-advertising the post is arbitrary and violative of Article 16 of the Constitution.
DB further observed that a select list or the result of a particular selection process must come to an end at some point of time. It cannot be kept alive for years to come for making appointment such a list will come to an end after a particular period of time or with a fresh advertisement. DB further said that if the practice of keeping the earlier lists intact and making selection and appointments out of such lists is allowed, such a practice would open backdoor entry to the service. With these observations Division Bench quashed the appointment of private respondent and directed respondents to initiated fresh process for selection of post. JNF
This judgment was passed on LPA filed by appellant Zulfkar Ali against the judgment of Single Judge passed on November 26, 2008. JNF
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