MOHAMAD LATEEF MATTOO Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioner claims to have responded to advertisement notice No. 10 of 2008 dated 30.07.2008 issued by respondent J&K Service Selection Board-respondent No. 2 herein, wherein applications were invited from eligible candidates for vacant posts of Junior Engineers lying vacant in Public Works (Roads & Buildings) Department of State Government. The respondent No. 2 after the selection process was completed issued a selection list of 113 Candidates in Open Merit category. However, the petitioner did not find place in select list, and instead was shown at S.No. 13 in the waiting list. The respondent No. 1 acting on the selection list vide Government order No. 209-PW (R&B) of 2009 dated 17th September 2009 accorded sanction to appointment of 170 candidates including 112 candidates in Open Merit category. It appears that 11 candidates appointed vide aforementioned Government order, 10 from Open Merit category and one from ALC did not report to the appointing authority and after usual formalities 11 candidates from waiting list-10 from Open Merit category and one from ALC were appointed as Junior Engineers. The respondent No. 1 thereafter vide Government order No. 112-PW(R&B) of 2010 dated 19.03.2010 appointed one Nasim Ahmad Kabli figuring at S.No. 12 in the waiting list as Junior Engineer on account of failure of one Tajamul Hussain Tramboo to join the post. However, four of the selected/appointed candidates in Open Merit category at S.No. 2, 9, 14, and 20 who initially joined as Junior Engineers, submitted their resignation leaving four of the posts of Junior Engineers vacant. According to the petitioner one Ms. Ruksana Mir D/.O. Ghulam Hassan Resident of Qazipora Potoshal though selected and appointed as Junior Engineer was not eligible for the post as the candidate acquired eligibility much after the cut off date mentioned in the Advertisement Notice. Shri Shujat Hussain Son of Dr. Niyaz Ahmad Resident A-4 Syed Colony Habak Hazratbal, also selected and appointed as Junior Engineer, it is stated, submitted his resignation in order to pursue his M-Tech Course.

(2.) The petitioner's case is that all 6 posts of the Junior Engineers that became available due to resignations and ineligibility, should be filled up from the candidates shown in the waiting list and that the petitioner figuring at S.No. 13 was entitled to be considered and appointed as Junior Engineer. It is insisted that the respondent No. 1, is under a legal obligation to operate the waiting list from S.No. 16 onwards. The petitioner has quoted instances of the respondent No. 1, operating the waiting list to fill up the vacancies that had became available due to resignation of the appointed candidates. The petitioner in Para 17 of the petition has restricted his claim and that of other candidates shown in the waiting list after him, to 5 posts of junior Engineers that according to the petitioner have became available on account of the resignation of the 5 Junior Engineers who have been appointed as Assistant Engineers or are undergoing M-Tech Course in NIT Srinagar. On the strength of averments made in the petition a writ of mandamus is sought directing the respondents No. 1, to operate the waiting list published on 10.06.2009 from S. No. 16 onwards and appoint petitioner as Junior Engineer (Civil) Grade-II State cadre in the pay band of Rs. 5200-20200+ Grade Pay Rs. 2800 against one of the five available vacancies of Junior Engineers with effect from the date such posts became available.

(3.) The writ petition is opposed on the grounds that the selection process having been completed with the appointment of selected candidates, the posts fallen vacant due to resignation of the appointed candidates cannot be used to operate the waiting list. It is insisted, that the posts fallen vacant due to resignation of appointed candidates are new vacancies, to be filled up by a fresh selection process. The respondents in their reply have admitted that 11 candidates though included in the select list did not join and that the said posts were offered to the candidates shown in the waiting list and appointments made vide Government order No. 321-PW(R&B) of 2009 dated 16.12.2009. It is also admitted that one more candidate was appointed on failure of Shri Tajamul Hussain Trambooo included in the select list to take up the job. The respondents while admitting that 4 of the selected candidates were subsequently appointed as Assistant Engineers on their selection by the Public Service Commission, insist that the 4 vacancies are "future vacancies" and not to be offered to the candidates shown in the waiting list. The respondents deny that Miss Ruksana Mir shown at S. No. 82 in the Government order No. 203/PW dated 17.09.2009 did not full fill the eligibility criteria. It is insisted that the candidate satisfied the eligibility criteria and was duly selected and appointed as Junior Engineer. The respondents have not taken a definite stands as regards resignation of Shri Shujat Hussain to pursue M. Tech. Course and insisted that the plea was a matter of record. It is reiterated that the positions left vacant due to resignation of the selected candidates are "future vacancies" not to be filled up from amongst the candidates shown in the waiting list, but to be thrown open to all eligible candidates.