The withdrawal of a provisional select list is justified if there are irregularities in the selection process, and mere selection does not entitle a candidate to seek appointment.

JUDGMENT :

1. The petitioners have challenged order bearing No.DCK/ARA/19 dated 29.05.2019, issued by respondent No.3, in terms whereof provisional selection list of Rehber-e-Khel for Zone Drugmulla has been withdrawn. Challenge has also been thrown to order No.DCK/LS/ARA/106-112 dated 28.05.2019, issued by respondent No.3, whereby, on the basis of the recommendations made by the Committee constituted pursuant to order No.DCK/LS-ARA/66-72 dated 13.05.2019, a decision has been taken to withdraw the provisional select list of Rehbar-e-Khel for Zone Drugmulla and a fresh process for engagement against the positions of Rehbar-e-Khel for the said Zone has been directed to be initiated.

2. It is pertinent to mention here that initially the petitioners had filed a writ petition bearing WP(C) No.1888/2019, challenging order No.DCK/LS-ARA/66-72 dated 13.05.2019, issued by respondent No.3, whereby a fresh Committee was constituted for scrutinizing the objections filed against the provisional select list of Rehbar-e-Khel for Zone Drugmulla. However, during the pendency of the aforesaid writ petition, respondent No.3, on the basis of the recommendations of the said Committee, decided to withdraw the provisional select list and go for fresh selection.

3. The facts that have emerged from the pleadings of the parties are that respondent No.4 issued an Advertisement Notice bearing No.01 of 2018 dated 13.01.2018, inviting applications from the eligible candidates for engagement of Rehbar-e-Khel in the Department of Youth Services & Sports within District Kupwara on zone basis including for Zone Drugmulla. The total number of vacancies was 223 and the total number of zones was 13. It appears that the petitioners, in pursuance of the aforesaid Advertisement Notice, offered their candidatures against 12 positions advertised for Drugmulla Zone. The interview of the eligible candidates was conducted on 06.07.2018 and after conclusion of the selection process, the petitioners were provisionally selected for 12 posts of Rehbar-e-Khel in Drugmulla Zone.

4. It appears that the private respondents felt aggrieved by their non- selection and they filed objections to the provisional select list dated 25.01.2019 issued by respondent No.4. It also appears that some of the candidates filed writ petition (SWP) No.210/2019 before this Court and the said writ petition came to be disposed of in terms of order dated 08.02.2019. Vide the aforesaid order, the petitioners therein were directed to approach the Chairman Selection Committee with objections by or before Monday, the 11th of February, 2019, and the Chairman was directed to consider the objections and pass an order thereon. It was further directed that until the objections are considered by the respondents, the process of selection shall not be concluded.

5. In pursuance of the aforesaid order of this Court, order No.DCK/LS-ARA/750-54 dated 20.02.2019, came to be issued by respondent No.3, whereby a Committee of officers was constituted to examine the objections received against the provisional select list dated25.01.2019. The Committee submitted its report, whereby it was recommended as under:

- The selection in respect of Zone Drugmulla and Zone Trehgam shall be kept on hold till the objections are examined and disposed of properly.

- The candidates whose qualification certificates/testimonials have been questioned/challenged to be fake need to be verified and till the same is completed, their selection shall not be finalized.

6. Pursuant to the aforesaid recommendations of the Committee, formal approval to the engagement of various selected candidates in 12 Zones of District Kupwara leaving out Zone Drugmulla, was accorded and a select list bearing No. DG-YSS/Estt/12227-33 dated 08.03.2019 was issued by respondent No.2.

7. Another meeting of the Committee of officers was held on08.03.2019 for examining the objections against the provisional select list pertaining to Zone Drugmulla. The Committee in its report ob