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| SC/ST/OBC Development Corp. files appeal | | DB sets-aside single judge’s order, allows appeal | |
Jammu January 8
The Division Bench of the Jammu and Kashmir High Court today allowed the appeal filed by Managing Director, J&K Scheduled Caste/ST and OBC Class Development Corporation against the direction of Single Judge, set aside the order and dismissed the petition of the respondent No 1.
The Single Judge had directed the appellant to fill-up the vacant post of field-supervisor and appoint petitioner against the post, as the candidate figured at Serial No 1 of the wait list had not accepted offer of appointment having been posted at Leh.
The DB comprising Chief Justice BA Khan and Justice JP Singh, after hearing Advocate VR Wazir appearing for the appellant, Advocate DK Khajuria appearing for the private respondent No 1 and Advocate RK Dullu appearing for the private respondent No 3, observed that in the present case one of the selected candidates, Amrit Gupta had failed to join on his appointment to the post of Field Supervisor due to which one post had remained un-filled. This post had to be filled-up by operating the wait list during its currency on the basis of merit which would have led the recommendation of respondent No 3 who was figuring at Serial No 1 of the wait list. But that was not done and this respondent had filed a civil suit which was pending in the civil Court. Therefore, as against respondent No 3, respondent No 1 had no better claim and no direction was thus warranted for his appointment.
DB further observed that the submission made by the Advocate appearing for the respondent No 1 that civil suit was not maintainable, is irrelevant for the purpose of determining whether the wait list was to be operated on the basis of merit or otherwise. If at all the wait list had to be operated, provided the vacancy had become available within the validity period, it was respondent No 3 who had a better claim than respondent No. Finding of the writ Court that respondent No 1 fell within the zone of consideration as against 19 posts, is not supported by any material on record. The writ Court direction impugned in the appeal is, therefore, unsustainable and liable to be set-aside. This appeal is accordingly allowed and the direction issued by the writ Court is set-aside. Writ petition of respondent No 1 shall stand dismissed.
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