JASBINDER SINGH Vs. STATE OF J&K AND ANOTHER

JUDGEMENT

(1.) The Jammu and Kashmir Public Service Commission vide its notification No.PSC/EXM-05/27 dated 01.04.2005 invited applications from eligible candidates for J & K Combined Competitive Examination, 2005. The petitioner participated in the aforesaid examination. There was some litigation which delayed the finalization of the selection and issuance of appointment orders. Ultimately, respondent No.1 vide Govt. Order No.429-GAD of 2008 dated 03.04.2008 issued appointment orders. The seven candidates in the open merit did not join and respondent No.1 vide its letter No.GAD(Ser) Gen 65/2008 dated 07.07.2008 called upon respondent No.2 to issue a list of seven candidates next in the order of merit in the open merit category to supply the vacancies that had arisen due to non-joining of the selected candidates. The respondent No.2 obliged and recommended seven more candidates from the wait-list on 20.11.2008. They were appointed on 30.12.2008. The petitioner was at serial No.8 of the wait-list and therefore, was not amongst the candidates in the wait- list who were subsequently recommended to supply the vacancies occasioned due to non-joining of the seven selected candidates.

(2.) The grievance projected by the petitioner in this petition is that one candidate, namely, Raghav Langer who was selected and appointed in the open merit subsequently resigned on 17.12008 due to his selection and appointment in the Indian Revenue Service. The petitioner being next in the order of merit to the candidate last selected and appointed, staked his claim against the vacancy caused due to resignation of Sh. Raghav Langer well within one year from the date the select list had been made operative. The respondents did not oblige the petitioner, hence this petition.

(3.) Having heard the learned counsel for the parties and perused the record, I find that the only question which needs determination in this case is, "whether the vacancy arisen on account of resignation of a selected/appointed candidate can be supplied by operating the wait-list, particularly when the vacancy had arisen during the life of the wait-list".