RAKESH KHAJURIA Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) Nine petitioners found their names included in the select list but the actual letter of appointment has not been issued. It is this factor which led them to approach this Court.

(2.) The respondent-State of Jammu and Kashmir in the department of Agriculture Production sent a requisition to the Jammu and Kashmir Service Selection Recruitment Board. It was proposed to fill the vacancies to the post of Junior Agriculture Assistant. An advertisement notice in this regard was issued. This is dated 29th March, 1996. One fifty six vacancies were notified. It was categorically mentioned that 49 posts are for open category, 20 for Scheduled Caste, 25 for Scheduled Tribes, 2 for Social Caste, Seven vacancies were for the residents of the area known as Line of Actual Control. 50 posts were reserved for residents of Backward Area. One post was reserved for other categories. As per the petitioners as the total number of posts were 156 and as only 49 posts were for open category, the matter was referred to the Law department. The Law Department expressed an opinion that only 50% posts could be reserved for Reserved Categories. It was accordingly suggested that 78 persons could be selected from Open merit category. This opinion was given before the actual selection. In pursuance of the selection, 78 candidates were recommended for selection by the Board. These were duly notified. Copy of this is annexure P.2. The petitioners as indicated above were not given appointment. Another notification with a view to fill 24 vacancies was also notified. This was issued on 24th April, 1997. The posts of Junior Agriculture Assistants figure at Serial No. 119. The petitioners submit that once a decision was taken by the respondent-authorities that 78 posts are to be filled from Open Merit Category and once their names were included in the select list, then there was no justification to deny letter of appointment to them.

(3.) Respondents have filed objections. The stand taken by them is that there was some backlog meant for reserved category and this was required to be cleared. It is stated that in December, 1995, 250 posts were notified. Out of this, 143 were earmarked for open category. Against 143 posts, 90 candidates were recommended for open merit category. It is accordingly submitted that as there were surplus posts already filled from candidates belonging to open merit category, therefore, this imbalance was sought to be set right. It was in these circumstances, the appointment letters were issued only vis-a-vis 68 candidates.