KHURSHID AHMED Vs. STATE OF J&K

JUDGEMENT

(1.) Since issue involved in all these three writ petitions is same, therefore, these writ petitions are disposed of by a common Judgement.

(2.) The petitioners competed in the Combined Competitive Examination in 2009 under Schedule Tribe category. First merit list was issued by respondent no. 3 on 25th March, 2011. Petitioners did not figure in the list of selected candidates, but figured at serial no. 1 and 2 of what is customarily known as 'wait list'. Thus they were next in order of merit, after final selection cut off marks. Petitioners and others figuring in the waiting list approached respondent no.2 with an application dated 29th September, 2011 requesting for information regarding consideration of candidates in the waiting list. Respondent no. 2 supplied the information which revealed that 11 posts had fallen vacant on account of non-joining / resignation apart from one more request for acceptance of resignation of a candidate appointed under Schedule Tribe category as he had been appointed to IAS and allotted Indian Forest Service. Out of these vacancies, in regard to two posts belonging to Schedule Tribe category, petitioners are aggrieved of their exclusion/ non-consideration from recommendation and appointment to the services at the hands of respondents.

(3.) The petitioner competed in the Combined Competitive Examination, 2009 under RBA Category. Petitoner did not figure in the list of selected candidates, though he was on tie with the last selected candidate with 1050 marks under RBA category and now stands as first waiting under RBA category. It is contended that respondents have provided information under right to Information Act to some aspiring candidates for appointment under the waiting list that 11 vacancies have fallen vacant due to non-joining/resignation of the selected candidates out of which one vacancy belongs to RBA category. The grievance of the petitoner is that the 'waiting list' has not been operated by the respondents till date. It is further contended that one Mohd Farooq Shan, selected under RBA category and figuring at serial No. 212 in the Annexure 1 of the notification dated 10.02.2011, has not joined the service. Similarly one Satish Sharma figuring at serial no. 125 in the aforesaid annexure and Shams Ul Haq figuring at serial no. 134 in Annexure II of the Notification dated 10.02.2011, selected under RBA category, have resigned after joining the service. Thus, petitioner being next in the order of merit after the last selected candidates under RBA category has a right of consideration for selection and appointment.