RENU BALA Vs. STATE OF J AND K

JUDGEMENT

(1.) Jammu and Kashmir Public Service Commission (for short the PSC), a constitutional authority made selections in the year 2007 of suitable candidates for being appointed on the post of Lecturers in different disciplines of Higher Education Department including physics. Petitioner had also responded to the notification issued by the PSC and sought consideration for being selected/appointed on the post of Lecturer in the discipline of physics in open merit category. The PSC prepared selection list and made recommendations to the government vide letter No. PSC/DR/Lect. Physics/HED/2007 dated 22nd of August 2007. The recommendation was to remain valid for a period of one year from the date of issuance of selection list. The PSC notified the selection list vide notice dated 23rd August 2007. The Government while accepting the recommendation of the PSC appointed the selected candidates on the posts, vide government order No. 23-HE-2007 dated 23rd Oct. 2007.

(2.) The record produced by the Respondents, which is part of the file, reveal that the Principal Government Degree College (Boys Anantnag) informed Director Colleges Higher Education Department Civil Sectt. Jammu vide communication No. DCBA/Sts/08/2501-02 dated 9th Feb. 2008, about the candidates who joined the college in pursuance of the appointment orders and persons who did not join. It was informed that Malik Mohibul Haq who was selected/appointed in the discipline of physics had joined in the college, whereas Farooq Hussain Bhat did not join. The Dy. Secretary to Government Higher Education Department sent a communication to Secretary J&K PSC Srinagar bearing No. Edu-Coll/Coord/125/2008 dated 24th of June 2008, informing him that the persons mentioned in the said communication were appointed at the recommendations of the PSC as Lecturers. It was also informed that the appointment order was hedged with the condition that the appointed candidates should report to the concerned Principal(s) within period of 21 day from the date of issuance of Government order, failing which, appointment shall stand cancelled. It was also informed that the persons mentioned in the said communication have not reported for duties within the stipulated period and request was made to furnish wait list to fill up the posts which remained unfilled on account of non joining of the selected candidates. The Secretary J&K PSC vide his communication No. PSC/DR/WL/Lect/HE/2006 dated 10th July 2008 furnished information to Principal Secretary to Government Higher Education Department about the candidates who were next in merit in the selection list in the respective disciplines. The communication also referred to the fact that this information was being provided in view of non joining of appointed candidate(s) on the post(s) of lecturer(s) in different disciplines. One Smt. Moona Sethi was recommended for being appointed, being next in merit after the last selected candidate in the open merit category in the discipline of physics. The Principal Secretary to Government was also informed that the recommendation will remain valid for a period of one year from the date of issuance of the original selection list in the discipline of physics etc. The recommendation in respect of wait list candidate had to remain in operation only up to 23rd of August 2008. Smt. Moona Sethi was appointed on the post of lecturer in the discipline of physics in open merit category on the recommendation of the PSC as she figured next in merit to the last selected candidate for the reason that Farooq Hussain Bhat did not join on the appointed post viz lecturer physics in the concerned institution.

(3.) Claim of the Appellant-writ Petitioner is that another selected/appointed candidate viz Malik Mohibul Haq after joining the services resigned. The case set up by the Appellant-writ Petitioner in the writ petition was based on notice dated 13th May 2008 which she claims to have down loaded from the web site of PSC. The said notice provided that the two persons mentioned therein figure next to the last candidate selected, which selection panel was communicated to Govt. vide letter No. PSC/DR/Lect. Physics/HED/2007 dated 22.08.2007. It was further mentioned in the said notice that such candidates as per rules may be considered by the PSC for being recommended only once the Higher Education Department specifically reports/recommends that vacancies have occurred on account of non-joining of selectees previously recommended vide aforementioned communication. Smt. Moona Sethi figured at serial No. 1 in the notice, whereas Appellant-writ Petitioner at serial No. 2. The notice concluded as under;