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| Selection HC readers Court directs recast of select list | | | EARLY TIMES REPORT
Jammu, Feb-1:- Justice Sunil Hali of J&K High Court Jammu Wing today directed the selection committee to recast the selection list of 12 readers selected recently.
The court directed that two candidates selected from RBA category required to be shifted to open merit category and consequently two posts under RBA category are required to be filled from the candidates next in merit in RBA category. This is required to re-consider by the selection committee by re-casting the select list.
The petitioners Naveen Kumar & Ors challenging the selection of 12 Readers on the ground that in terms of the notification they were entitled to be called for interview having obtained more than 45% marks as prescribed in the notification but they were not called for the interview as the respondent adopted a short listing criteria for purposes of inviting candidates for the viva-voce test. This, according to the petitioners, could not be permitted as the norms of selection cannot be altered after the commencement of the selection process. It is contended that the short listing criteria adopted, in calling the candidates for the interview, tentamounts to changing the criteria after the selection process was set in motion.
On the other hand, the stand of the respondent is that merit position of the petitioners is not in dispute, however, the Selection Committee constituted by the High Court, vide its decision dated 08.06.2010, decided that only those candidates who had secured 60 or more marks in the written examination from Open Merit category and 55 or more marks in reserved categories, shall be called for the viva-voce test. It is contended that it is permissible for the Selection Committee to short list the candidates from out of those who have qualified the written examination, for calling them for the interview/viva-voce test. It is further contended that the Selection Committee is competent, in absence of rules, to adopt any criteria which is fair for purposes of short listing, while making the selection.
The Court after hearing the parties observed that It is important to note that at the time of filing of the writ petition selection list was not issued but from record it reveals that same was issued on the day the writ petition was taken up for consideration. Respondent has produced the select list and, according to the select list prepared, 12 candidates have been selected and referred various judgments of the Supreme Court and High Court, held that Court do not find any force in the contention of the petitioners that the Selection Committee was bound to call all those candidates who had obtained 45% or more marks for the viva-voce test. However, while scanning the selection record, it has been noted that out of 12 selected candidates, two candidates, namely, Mir Murtaza Hussain Sohil and Hillal Yousif, who have obtained 79 and 78 marks respectively, have been selected from RBA category, they are required to be shifted to open merit category and consequently two posts under RBA category are required to be filled from the candidates next to the merit in RBA category. This is required to be re-considered by the Selection Committee by re-casting the select list. Since there are two candidates in the RBA category who have obtained 68.5 marks each, the Selection Committee will take a decision in this respect as to who amongst the two is required to be selected as there are no guidelines provided nor anything has been brought to the notice of the Court as to whether the marks secured in the written examination or the interview or any other criteria has to be given the preference. This is left to be decided by the Selection Committee and referred the matter back to the Selection Committee for making fresh recommendations, after shifting the two candidates from RBA category to open Merit category and recommending the other two candidates for their selection in RBA category. The Selection Committee is requested to complete this process within a period of ten days and make recommendations for appointment of the selected candidates accordingly. JNF
JNF/FEBRUARY/01/2011/1
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