Deviation from eligibility conditions prescribed in advertisement notice is impermissible: DB
21/02/2017
JAMMU, Feb 20: In a LPA filed by SSRB allowing the writ petitions seeking to quash Notice dated 6.9.2012 and corrigendum dated 20.09.2012 and directing the Services Selection Board to go ahead with the selection process of candidates for the post of Accounts Assistant in pursuance of Advertisement Notice No.07 of 2010 dated 12.11.2010 and complete the same within one month. A Division Bench of State High Court Comprising Chief Justice N Paul Vasanthakumar and Justice DS Thakur after hearing both the sides observed that deviation from the eligibility conditions prescribed in the advertisement notice is impermissible and recruitment must be conducted according to prescribed educational qualifications.
Division Bench further observed that subsequent selections made pursuant to notification dated 28.12.2012, norms were not changed and the appellants followed the norms based on which select lists were published as per notice issued on 12.11.2010. With these observations Division Bench not found any reason to interfere with the order of the Writ Court and direct the appellants to implement the judgment of the Writ Court within a period of one month.
The brief facts of the case is that The Services Selection Board by advertisement notice NO.07 of 2010 dated 12.11.2010 invited applications for various posts including 872 posts of Accounts Assistant for various Districts in the pay scale of 5200-20200. The minimum qualification required was graduation.
The criteria fixed for selection was 70 points for graduation (pro-rata basis), 10 points for post graduation (pro-rate basis) and 20 points for Viva voce. The writ petitioners having the requisite qualification for the post of Accountants Assistant applied pursuant to the advertisement notice under open merit category. After short-listing, the writ petitioners were interviewed. Thereafter provisional select lists for the post of Accounts Assistant for the District Cadre Jammu and Samba were notified on 26.9.2011 and 30.9.2011 respectively in which writ petitioners were shown as provisionally selected for the post of Accounts Assistant.
But before the provisional select list could be acted upon, the Services Selection Board issued Notice NO.SSB/ Set/ Say/ 12/2337-43 dated 6.9.2012 revising the criteria for the post of Accounts Assistant. JNF
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