VELAYAT ALI Vs. STATE OF J&K AND OTHERS

JUDGEMENT

(1.) The Jammu and Kashmir Public Service Commission vide its notification No.09-PSC(DR-P) of 2016 dated 19.03.2016 invited applications for selection to the post of Lecturer in various disciplines in the School Education Department of the State. The petitioner applied for the post of Lecturer (Botany) under Scheduled Tribe category. The Public Service Commission after concluding the selection process issued a select list for the post of 10+2 Lecturer (Botany) in the School Education Department vide notification No.43- PSC (DR-S) of 2017 dated 04.08.2017. As is apparent from the select list, the petitioner could not make it to the select list but was placed at serial No.1 in the wait list of Scheduled Tribe category. In the Scheduled Tribe category in as many as 12 persons came to be selected. Pursuant to the recommendations made by the Public Service Commission, appointment orders in favour of all the selected candidates were issued by respondent No.1 vide Government Order No.704-Edu of 2017 dated 03.10.2017. It is not in dispute that all the appointed candidates joined in different institutions where they were posted.

(2.) The grievance of the petitioner is that the candidate figuring at serial No.1 in the category of Scheduled Tribe, namely, Shailender Kumar who upon his appointment had joined at Higher Secondary School, Kathera, Kathua on 17.01.2018 came to be subsequently selected as Assistant Professor in Botary in the Higher Education Department and was formally appointed by respondent No.1 vide Govt. Order No.208-HE of 2018 dated 23.03.2018. It is stated by the petitioner that upon his appointment as Assistant Professor, said Sh. Shailender Kumar who was figuring at serial No.1 of the select list of Scheduled Tribe category resigned from his post and, therefore, the petitioner being at serial No.1 of the wait list under Scheduled Tribe category became entitled to be appointed in his place. The petitioner claims that he had moved a representation in this regard with respondent No.4 but no formal order of his appointment has been issued. Having failed to evoke any response to his representation from respondent No.4, the petitioner has filed this writ petition.

(3.) Learned counsel for the petitioner submits that the post of Lecturer (Botany) under Scheduled Tribe category having fallen vacant due to the resignation of one Shailender Kumar who was at serial No.1 in the select list of Scheduled Tribe category is required to be supplied by appointing a candidate figuring at serial No.1 in the wait list, more so, when the vacancy due to resignation of the appointed candidate has arisen during the currency of validity of the waitlist. To buttress his submissions learned counsel has sought to draw support from the judgment passed by a co-ordinate Bench of this Court dated 005.2018 passed in SWP No.670/2017 (Danish Zia Bhat and others v. State and others).