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Candidates from select, waiting list cannot be considered for vacant post caused due to resignation: HC

‘Such vacancy has been described as fresh vacancy to be filled up via new advertisement, fresh selection’

Post by on Tuesday, June 28, 2022

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Srinagar, June 27: The High Court of Jammu & Kashmir and Ladakh Monday ruled that no candidate from the select list or waiting list shall be appointed on any vacancy which is caused due to resignation of a selected candidate after joining against the said post.
 
Setting aside the single-judge judgment, a division bench of Chief Justice Pankaj Mithal and Justice Moksha Khajuria Kazmi noted that the select/waiting list prepared may remain operative and valid for a period of one year but that would only be for a limited purpose of appointing the selected/wait list candidates on the vacancies which remains unfilled due to non-joining of the selected candidate for one reason or the other.
 
The court passed the rulings in an appeal filed by the government challenging the single judge verdict wherein the writ court had directed the state authorities to operate the waiting list of the Junior Engineers (Civil) for the period of one year so as to accord appointment to the candidates from the waitlist to the said post against the vacancies falling vacant due to resignation of the candidates who had joined post their selection.
 
The ruling came in case of Service Selection Board’s notification No 02 of 2014 dated 30.12.2014, had invited applications for 133 posts Junior Engineer (Civil).
 
Allowing the appeal, the court said that only the number of vacancies notified can be filled up through the process of selection and from the select list so prepared.
 
The bench ruled that the authorities have no right to fill up any vacancy over and above the vacancies notified as it would amount to filling up of fresh vacancies encroaching upon the right of all those persons who may become eligible after the notification of the vacancy.
 
The court underscored that the vacancy which has been advertised and on which a selected candidate has been appointed, if resigns, subsequently would lead to the exhaustion of the select panel and no one from the said panel can be pushed up for appointment.
 
"In other words, such a vacancy has been described as a fresh vacancy to be filled up after a new advertisement and a fresh selection thereof," the court said.
 
The court recorded that Sub - rule 7 of Rule 14 of J&K Civil Services Decentralization and Recruitment Rules, 2010 is very material which provides for the preparation of the wait list which has to remain in force for a period of one year from the date of the original select list and has to be sent to the requisitioning authority for consideration against the " dropout " vacancies.
 
It underscored that Sub - rule 7 of Rule 14 in its last part clearly states in a mandatory form that the selection committee shall not maintain or recommend any select or waiting list candidate for any future vacancy or any vacancy caused on account of resignation by any selected candidate who gets appointed.
 
The court said that the language of the aforesaid provision is clear enough to establish that no candidate from the select list or waiting list shall be appointed on any vacancy which is caused due to resignation of a selected candidate joining the post.
 
"In view of the aforesaid facts and circumstances , we are of the firm opinion that the learned Single Judge manifestly erred in law in allowing the writ petition directing the respondents to operate the waiting list of the Junior Engineers ( Civil ) even against the posts falling vacant due to resignation of the candidates selected and joining within a period of one year from the date of the preparation of the said select list," the court noted while dismissing the writ petition of candidates.
 

 

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