KHALID ZAHOOR KHAN Vs. UT OF J&K

JUDGEMENT

(1.) The petitioner has challenged order No.DG-YSS/Lit/3014-18 dtd. 4/10/2021, issued by respondent No.2, whereby claim of the petitioner for engagement for the position of Rehbar-e-Khel has been rejected.

(2.) The facts which emerge from the pleadings of the parties are that by virtue of an advertisement notice No.01 of 2018 dtd. 13/1/2018, the official respondents had invited applications from eligible candidates for engagement as Rehbar-e-Khel for District Kupwara. The petitioner responded to the said advertisement notice and after undergoing the selection process he was placed at serial No.21 of the merit list. The respondents are stated to have issued a final selection list, according to which first 17 candidates were selected whereas a wait list of three candidates was also published. It seems that three candidates from the select list and one candidate from the wait list did not opt to take up the engagement, as such, two candidates from the wait list figuring at serial No.2 and 3 were engaged as Rehbar-e-Khel. It appears that respondent No.3, who is Chairman of the Selection Committee, addressed a communication dtd. 6/0/2019 to the Director General, Youth Services and Sports, seeking permission to enlarge the waiting list to four number of candidates in view of the provisions contained in SRO 375 dtd. 21/10/2010. In case such permission would have been granted, the petitioner would have been selected.

(3.) However, when the permission was not granted, the petitioner invoked the jurisdiction of this Court by filing a writ petition bearing WP(C) No.829/2021, seeking a direction upon the respondents to consider him for engagement as Rehbar-e-Khel. This Court vide its order dtd. 23/4/2021 directed the respondents to consider the case of the petitioner for engagement against the post which had become vacant because of non-joining of the candidate figuring at serial No.18 in the merit list. The respondents have, after considering the case of the petitioner, passed the impugned order rejecting his claim.