SHAKEEL HUSSAIN Vs. STATE OF JAMMU & KASHMIR

JUDGEMENT

(1.) The facts, as gathered from the writ record, are that pursuant to Advertisement Notice No.06/2013, petitioner herein applied for the post of Village Level Worker (VLW) under Item No.497 of District Cadre Doda. The select list was issued on 12.02.2015 and the selected candidates joined against the post-in-question. Thereafter, another select list of Teachers came to be issued on 01.06.2015. Six persons, who were earlier selected as Village Lever Workers and joined against the said post, also came to be selected as Teachers. They accordingly resigned from the post of Village Lever Workers and joined against the post of Teachers.

(2.) The case as projected by the petitioner is that he being next in merit and figuring at Sr. No.1 in the waiting list was entitled for appointment against the post of Village Lever Worker. His further case is that in SWP No.879/2014 a direction had been issued on 02.04.2014 for not finalizing the selection process of Teachers. Ultimately the select list of Teachers came to be issued on 01.06.2015. It is averred that had the respondents taken effective steps to get the stay vacated in time, the select list of Teachers would have been issued earlier, i.e., much before the issuance of select list of Village Level Workers, and in this way the six candidates, who were earlier selected as Village Level Workers, would have been selected as such, because they would have been selected as Teachers, thus making a way for petitioner herein to be selected as Village Level Worker being at Sr. No.1 in the waiting list. It is, however, averred that when the six persons resigned from the post of Village Level Worker so as to join against the post of Teacher, the petitioner approached the respondents for appointing him against the vacancies created by the resignation of candidates who have joined as Teachers, however, the respondents did not pay any heed to his request. Hence, the present writ petition.

(3.) Objections have been filed on behalf of respondent No.1 averring therein that as per Rule 14(7) of the J&K Civil Services Decentralization and Recruitment Rules, 2010, the merit list or the waiting list shall not operate for any vacancy caused on account of resignation by any selected after having joined on the post pursuant to appointment.