KUNAL SHARMA Vs. STATE OF J&K AND OTHERS

JUDGEMENT

(1.) Respondent No. 2 vide his Notification No. 01 of 2015 dated 31.3.2015, invited applications for filling up of Class-IV posts in various districts of the State which included four posts of Class-IV in district Samba. The breakup of the posts in so far as district Samba is concerned, was indicted in the following manner : <FRM>JUDGEMENT_38_LAWS(J&K)6_2018_1.html</FRM>

(2.) The petitioner being eligible, also applied for the aforesaid post in Open Merit Category along with other eligible candidates. The selection was conducted by the selection committee headed by the Chief Medical Officer, Samba. In the select list issued by the respondents, the petitioner was placed at Serial No. 1 in the waiting list of Open Merit Category. Ujaala Sharma and Sahil Jamwal were placed at Serial No. 1 and 2 in the select list. It is claimed by the petitioner that the candidate namely Ujaala Sharma who was figuring at Serial No. 1 in the Open Merit Category, did not join the service and consequently her selection/appointment was cancelled. Petitioner submits that he being the candidate figuring at Serial No.1 of the wait list, became entitled to be appointed on the post in the Open Merit Category that fell vacant due to cancellation of appointment of Ujaala Sharma on account of her failure to join her service. The petitioner also claims that immediately after the post against which Ujaala Sharma was appointed became available, he submitted representation to respondent No.2 for operating the waiting list which had not yet expired.

(3.) On being notified, respondent Nos. 1 to 3 appeared in the matter and filed their objections. In the objections, it is pleaded that pursuant to Advertisement Notice No. 01 of 2015 dated 31.3.2015, process for filling up of four posts of Class-IV in district Samba was set in motion. The selection committee entrusted with the job, issued provisional selection list in which the name of the petitioner figured at Serial No.1 in the waiting list of the Open Merit Category. The provisional selection list was subsequently made final and all the four selected candidates were appointed. It is submitted that pursuant to her appointment order dated 2.10.2016, the candidate namely Ujaala Sharma who was figuring at Serial No.1 of the select list of the Open Merit Category, submitted her joining on 05.11.2016 in the department along with all requisite documents. It is next contended that with a view to utilize the services of the appointed candidates, the respondent No. 3 vide his Order No. 02 NG of 2016 dated 29.12.2016, issued order of adjustment of the candidates against the vacant posts in different Health Institutions. Ujaala Sharma was, accordingly, adjusted in Sub Centre, Nonath Block, Nud. The candidate namely Ujaala Sharma, however, did not join and report in this regard was submitted by the Block Medical Officer, Samba vide his communication No. BMO/S/1410-11 dated 09.1.2017. It is stated that the candidate namely Ujaala Sharma was treated to be unauthorisedly absent and notices were issued to her to rejoin her duties . She did not join despite repeated notices, as such respondent No. 3 vide his No. CMO/S/5212-15 dated 30.3.2017 cancelled her appointment. Lastly, it was pleaded that the vacancy caused due to cancellation of appointment of Ujaala Sharma on account of her unauthorized absence, is future vacancy which is required to be advertised for fresh selection.