The waiting list provision in the J&K State Subordinate Services Recruitment Rules, 1992, allows for the operation of the waiting list in the event of vacancies due to non-joining of candidates, and eligible candidates in the waiting list have the right to be considered for appointment against the available vacancies.

The J&K Service Selection Board issued Advertisement Notice No. 01 of 1999 dated 9.3.1999 inviting applications from the eligible permanent residents of the State of Jammu and Kashmir for the posts of teachers in District Kathua. Petitioners being eligible, applied for the same and participate in the selection process held by the Selection Committee constituted by the Selection Board. Select list of the candidates for appointment to the posts of teachers is issued on 4.1.2002, which was published in local newspaper namely Daily Excelsior (Anx-C). Alongwith the select list, waiting list was also issued. As many as 165 candidates were listed in the Open Merit Category and 33 candidates in the waiting list for the said category. Separate list was issued for reserve category. However, all the petitioners being candidates in the Open Merit Category, these two lists are relevant for the purpose of present petition. Petitioners herein were unable to find berth in the select list, however, their names have been reflected in the waiting list at Serial Nos. 9, 10 and 11. It is the positive case of the petitioners that as many as eleven candidates did not join the service and two candidates left the service after some time having been selected and appointed in some other service. The candidates appearing at Serial Nos. 10, 20, 30, 32, 40, 42, 98 and 120 did not submit their documents whereas candidates appearing at Serial Nos. 27, 163 and 53 of the select list did not join on appointment. In all, 11 candidates did not join from the select list. The authorities operated waiting list upto Serial No. 8 as against 11 available vacancies due to non-joining of the selectees. Petitioners are next in order of merit in the waiting list and they being at Serial Nos.9, 10, and 11, claim to be entitled to appointment against the available vacancies. Petitioners on being informed of the availability of the vacancies and operation of the waiting list to limited number of vacancies, approached the respondents by various representations. The representations made by petitioners were duly recommended by the Director School Education as also the Honble Minister for Education. Petitioners have also placed on record affidavits from some of the candidates, who have not joined the service on appointment.

2. The State-respondent has filed detailed objections. Respondents in Para-F of the reply, admitted that eight candidates in Open Merit Category did not join. In grounds, it is further admitted that three more candidates who were appointed, also did not join. In Para-J also, it is admitted that two candidates after joining, resigned pursuant to their appointment as Accounts Assistants in the Finance Department. The respondents have also admitted that the petitioners are in the waiting list at Serial Nos. 9, 10 and 11 i.e. immediately after eight persons who have been appointed from the waiting list.

3. In view of the above admitted factual position, the only question that arises for consideration is, whether the petitioners have any right to seek appointment being in the waiting list against unfilled vacancies. The selection to the post in question is governed and regulated by the J&K State Subordinate Services Recruitment Rules, 1992. Sub-rule (vi) of rule 10 of the aforesaid rules was amended in the year 1998 and following was introduced:

"The Board shall also finalise waiting list of 20% of the total number of selected candidates and forward the same to the concerned department. The waiting list shall remain in force for a period of one year from the date of its receipt or till a fresh selection is drawn up by the Recruitment Board, whichever is earlier."

4. The aforesaid rule clearly envisage that a waiting list to be operated upon within a period of one year or till the next selection whichever is earlier. Indisputedly, 11 candidates did not join after being selected/ appointed and two resigned after joining. As far the vacancies that became available on resi

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