LAWS(J&K)-2009-5-19

BHAVNA ABROL Vs. STATE

Decided On May 15, 2009
Bhavna Abrol Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) 32 posts of Lecturers in the discipline of Zoology were referred to the Public Service Commission in the year 1997. In pursuance to this notification, selection process was initiated and consequently list of 32 selected candidates was sent to the Government for appointment. The entire 32 candidates stand appointed. In addition, list of 30 candidates in the waiting list was also submitted. It transpires that 25 candidates out of the waiting list were appointed as Lecturers vide order dated 29 -6 -2001. It is this order, which is subject matter of challenge before this Court.

(2.) PETITIONERS applied for the said posts in pursuance to the notification. The eligibility provided for appointments to the posts of Lecturers in Zoology, was M.Sc. in the subject. The recruitment process did not start till late in the year 1999. In October, 1999, the Public Service Commission called upon the petitioners to appear in the written screening test. This test was restricted to only those candidates who did not possess M.Phil or Ph.D on that date the petitioners had not obtained their Doctorate Degree as such, were required to appear in the written test. It seems that this condition was challenged by the petitioners by filing writ petition in this Court. The said writ petition has been allowed. The State has filed LPA against this order. The Division Bench stayed the order of the learned Single Bench. It is stated in the petition that the LPA is pending before this Court.

(3.) BE that as it may, the petitioners were not selected for the posts of Lecturers. 32 candidates whose recommendation was made by the Public Service Commission stand appointed as Lecturers. It seems that the respondents operated the waiting list for anticipated vacancies which had become available during the process of selection.