Opreate waiting list of JE Civil posts which are available for last one year: HC to State

04/05/2018

Srinagar, May 3: Justice Ali Mohammad Magrey while allowing the petition, directed State to operate the waiting list of Junior Engineers (Civil) against those vacant posts, which have become available within the period of one year from the date when the recommendation for appointment was made by the Service Selection Board to the State Government, against respective categories, where the vacancies have arisen because of appointment of selected/ appointed Junior Engineers (Civil) as Assistant Engineers (Civil), within a period of four weeks.
This significant judgment has been passed in a petition filed by Danish Zia Bhat & Ors seeking directions to make waiting list of Junior Engineers (Civil) operable by or before 12.05.2017 upon resignation of certain candidates; ii) respondents be directed to keep the 'select list' of the Junior Engineers notified in terms of communication No. SSB/Secy/ Sel/2016/PWD/12133-39 operable and live to enable the petitioners to join as Junior Engineers consequent upon the resignation of selected candidates and also seeking direction to expedite the process of appointment of Assistant Engineers in particular those mentioned in paragraph no. 6 of the writ petition before the expiry of the selection list and operate the waiting list to the extent of petitioners. Justice Ali Mohammad Magrey after hearing Sr. Adv ZA Shah with Adv A Hanan for the petitioners whereas Deputy AG QR Shamas for the state observed that submissions made by Q. R. Shamus, Deputy Advocate General that the petitioners have no case, as the selection process initiated in the matter had come to an end with the issuance of selection list, and the petitioners cannot seek benefit of appointment against the posts, which do not exist with the support of the law has no substance, it is because the respondents are treating these vacancies as future vacancies and not as "drop out vacancies". Justice Ali Mohammad further observed that on the analysis made by this Court with the strength of the interpretation of the Rule 14 (7) of J&K Civil Services Decentralization and Recruitment Rules 2010, it has become clear that the object of the rule is to ensure that the requisitioned vacancies are filled up during the validity period of the select/wait list. Rulemaking authority has only with this intention to ensure utilization of vacancies during the validity of select /wait list made it valid for one year, otherwise, it looses its object and significance.
Ordinarily the joining period of appointment of a selected candidate is only provided as 21 days and if the submission of Mr. Q. R. Shamus, Dy. AG accepted, then why does the Rule making authority make the select/wait list valid for a period of one year, why should it not be kept valid for only till the expiry of the joining time of the appointed candidates. On the analysis and interpretation, so made this Court is of the considered view that the vacancies which accrued during the validity period of the selection list are to be utilized amongst the wait list candidates, who are made available by the Service Selection Board.
With these observations, High Court allowed the petition. JNF

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