STATE OF J & K Vs. KHURSHID AHMED

JUDGEMENT

(1.) THIS order shall dispose of LPASW No. 195 of 2013 and other two connected appeals as all the appeals are directed against the judgment and order dated 08.08.2013 passed by the learned Writ Court. At the instance of State, the Public Service Commission conducts Combined Competitive Examination for appointment of suitable person to various civil posts. In the present case such an examination was conducted for induction into KAS, J & K Accounts (Gazetted Services) and J & K Police (Gazetted) 2 Services. The petitioner -respondents had approached the Court with a grievance that on account of non -joining, some posts became available and therefore, they being next in merit were deserved to be considered and appointed. Learned Writ Court issued following directions: -

(2.) A perusal of the aforesaid directions would show that the learned Writ Court has asked the appellants to fill up the vacancies caused on account of non -joining of selected candidates by considering the petitioner -respondents.

(3.) A perusal of the aforesaid Rule would show that the recommendations made by the Public Service Commission would remain valid for a period of one year from the date 5 such recommendations are communicated to the Government and the same is extendable for a further period of six months. It has also been provided that the waiting list of candidates may be drawn up by the Commission and communicated to the Government along with the original recommendations to the extent to be determined by the Commission in each case. The nomenclature waiting list does not mean anything else but is a list of candidates with names in order of merit. The purpose of such a list is that in case any meritorious candidate fails to join for any reason then the next meritorious candidate may be offered vacant post as it is an existing vacancy. It is also appropriate to notice that there is no rule to the contrary prohibiting preparation of waiting list. In that regard reliance may be placed on the Rule known as J & K Combined Competitive Examination Rules 2008 (SRO 387 dated 01.12.2008). Thus, there is no room to accept the contention advanced by Mr. Basotra, learned State counsel.