STATE OF J&K Vs. PARDEEP CHOUHAN

JUDGEMENT

(1.) State has filed the present intra-court appeal against the order passed by the learned Single Judge, whereby the writ petition filed by the respondent was allowed.

(2.) The respondent approached this Court claiming that he was at Serial No.15 in the waiting list in the Open Merit category for the post of Sub Inspector. The waiting list was operated only up to Serial No.13. The candidate at Waiting List No. 14 refused appointment and the petitioner being the next candidate, should have been offered appointment during the currency of the waiting list. The learned Single Judge finding merit in the plea raised by the respondent/writ petitioner allowed the petition with a direction to the official respondents to take appropriate decision and consider the name of the petitioner against the available vacancy along with other eligible candidates whose names figure in the waiting list.

(3.) Learned counsel for the appellant submitted that selection process for the post of Sub Inspectors, Finance was initiated by the J&K Services Selection Board (for short 'the Board'). Total of 107 posts were advertised. After completion of the selection process, vide letter dated 13.05.2014, names of 75 candidates were recommended. 32 posts were kept vacant on account of certain directions issued by the court. The Board further clarified that even the waiting list will be issued later on. Subsequently, the Board forwarded recommendations for appointment for 25 candidates along with waiting list of 21 candidates on 18.02.2015. As per Rule 14(7) of the J&K Civil Services (Decentralization and Recruitment) Rules, 2010, the waiting list was to remain in force for a period of one year from the date the same is sent to the requisitioning authority. As some of the candidates from the select list did not join, offer for appointment was made to the candidates who were in the waiting list. Last offer of appointment was made to the candidates from the waiting list in the Open Merit category up to Serial No. 13, vide Government Order dated 25.01.2016. Period of 21 days was granted for joining. However, before the expiry of that period, the waiting list had lost its validity. Though, it was sought to be claimed by the petitioner that candidate at Serial No.11 in the waiting list did not join and as a result, the respondent should have been appointed but this is factually incorrect. In fact, the candidate at Serial No. 11, namely Rajan Kumar Sharma had submitted his joining report and later on resigned. His resignation was accepted and he was discharged from service vide order dated 11.06.2016.