SAFINA JAVEED Vs. STATE

JUDGEMENT

(1.) Vide Advertisement notice No. l2-PSC of 2006 dated 20.12.2006, Respondent No. 2 invited applications from the eligible candidates on a prescribed form for filling up of various posts of Lecturers in different discipline including 12 posts of Political Science in the Higher Education. The break up of the posts advertised, is as under: <FRM>JUDGEMENT_779_JKJ2_2011_1.html</FRM>

(2.) Advertisement notification provided two categories, one meant for in-service category and other for the direct recruitment from the open market. The Petitioner submitted her application form for the said post of Lecturer Political Science in the open market. She along with other eligible candidates, was allowed to participate in the selection process by Respondent No. 2- Public Service Commission. The select panel declared by Respondent No. 2 vide its Notification No. PSC-DR/Sec/2007 dated 29.08.2007 indicated names of three persons, who were selected under RBA category, namely, Muzzafar Ali, Jeewan Lal and Prem Singh. As a sequel to the selection being made, the appointment orders were issued vide Govt. Order No. 230-HE of 2007 dated 18.10.2007. All the selected candidates, who were offered appointments came to be appointed by the Respondents. One of the selected candidates, namely, Sh. Muzaffar Ali who was in the RBA category has resigned from the said post on his selection to the Kashmir Administrative Service. On the resignation of said Muzaffar Ali, State made temporary appointment of one Shri Amit Bhalla on academic arrangement basis.

(3.) The grievance of the Petitioner is that Respondents under Rule 57 of the J&K Public Service Commission (Business and Procedure) Rules, 1980 have to prepare the waiting list of the candidates along with original recommendations of the selected candidates while submitting the same to the Government for issuance of appointment orders. According to the Petitioner, she was next in the merit, therefore, required to be appointed against the said post on account of resignation of one Muzzaffar Ali. It is also contended that the vacancy had occurred within the life of the waiting list, which was to remain in force for a period of one year and extendable for another period of six months on the recommendations of the Government. The Respondents did not appoint the Petitioner, thus her right of being considered for appointment to the post in question, has been violated.