Read Judgement
The Jammu & Kashmir and Ladakh High Court has observed that a wait listed candidate cannot seek appointment against resignation of a selected candidate.
The vacation bench comprising of Justice Moksha Khajuria Kazmi and Chief Justice Pankaj Mithal, passed a ruling in an appeal filed by the UT government challenging the decision of the lower court where the court had allowed the state authority to let the waiting list operate for a period of 1 year
Brief Facts of the Case
The selection board issued an advertisement notification which invited applicants for filling up large number of posts of junior civil engineers. Both the petitioners and respondents applied for this post and were put in the waiting list. After some time candidates were selected but two of the selected candidates failed to join after this two persons at serial post 1 and 2 were appointed, later on some of the appointed candidates resigned, this lead to the petitioners and the respondents applying for the posts of the selected candidates who had resigned form their post. After this a writ petition was filed by them to keep the select list operational for a period of one year so that they can join the post of the candidates who had resigned. This writ was allowed.
High Court's Observation
The Court passed a ruling in an appeal filed by the UT government challenging the decision of the lower court where the court had allowed the state authority to let the waiting list operate for a period of 1 year, the court set aside the judgment taking help of the judgement of Rakhi Ray & Ors. vs. High Court of Delhi & Ors in which it was held by the court that
"Vacancies cannot be filled up over and above the number of vacancies advertised as the recruitment of the candidates in excess of the vacancies notified is denial and deprivation of the constitutional right under Article 14 read with Article 16 of the Constitution…”
After this the court stated that "It has also been clarified 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 came to the conclusion that people resigning form their post would be a dropout vacancy and not a fresh vacancy and hence the court held 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 concluded while setting aside the single bench judgement.”
Case Title: State of JK & Anr. Vs. Danish Zia Bhat & Ors.
Case Details: LPASW No. 186/2018
Coram: Justice Moksha Khajuria Kazmi and Chief Justice Pankaj Mithal
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(With input from news agency language)
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