AJAY RAINA & ORS. Vs. STATE & ORS.

JUDGEMENT

(1.) By the medium of this writ petition, the petitioners are seeking to quash Advertisement Notice No. 01 of 2012 dated 19.07.2012 issued by respondent no. 2 and also to consider them for their appointments under Prime Ministers' Special Package for Return and Rehabilitation of Kashmiri Migrants to the Kashmir Valley.

(2.) It is contended that the petitioners are migrants. They are qualified, eligible and entitled to be appointed against the posts created by the State Government under the Prime Minister's package for the return and rehabilitation of Kashmiri migrants vide Government orders, whereby J&K Service Selection Board was authorized to make selection against non-gazetted posts, except class IV posts. Petitioners, being migrants, also applied and the select list was prepared and issued by respondent no. 2. It is stated that out of 2120 selected candidates, 762 candidates did not join. Thus, the said posts have remained unfilled because of non-joining of certain selected candidates. It is also submitted that category posts were also de-reserved vide Government Order No. Rev/MR/170 of 2011 dated 25.08.2011. The petitioners, who are figuring in the list, were entitled to be appointed against the said vacant posts on the grounds taken in the writ petition. However, the respondents instead of redressing the grievances of the petitioners have issued fresh advertisement notice dated 19.07.2012. Accordingly, it is prayed that the same be quashed being in violation of SRO 412 of 2009 dated 13.12.2009 and the other applicable laws.

(3.) Respondent no. 2 has filed objections resisting the petition. Mr. Shah, learned Dy. A.G., stated that the objections filed by respondent no. 2 be also treated as objections on behalf of respondents 1,3 & 4. He further argued that it is a fact that the posts were created under the Prime Minister's Package, but were to be filled up in terms of the rules applicable governing the selections made by respondent no. 2. The selection was made by respondent no. 2 in the month of August 2010 and a waiting list was also issued. However, 826 posts, which were reserved for catego ries, remained unfilled due to non-availability of suitable candidates and some posts also remained vacant because of non-joining of certain selected candidates. Thus, a total of 1055 posts remained unfilled under the said package. The petitioners are not falling in the waiting list and the life of waiting list was only for one year in terms of Rule 10(vii) of SRO 194. Thus the respondents have rightly issued the advertisement notice.