The withdrawal of posts and subsequent re-advertisement due to the amendment of Rule 45 to ensure wider participation of candidates for getting the best talent was not arbitrary or unjustified.

JUDGMENT :

Rajnesh Oswal, J.

1. The respondent No. 3 vide notification No.09-PSC(DR-P) of 2021 dated 03.09.2021 invited applications through online mode for the posts of Assistant Professor in different disciplines in Government Degree Colleges of Union Territory of Jammu and Kashmir. The applications were also invited vide notification No.08-PSC(DR-P) of 2021 dated 18.08.2021 for the posts of Physical Training Instructor in Higher Education Department, Union Territory of Jammu and Kashmir. The petitioners applied pursuant to the above mentioned notifications for the posts of Assistant Professor and Physical Training Instructor, as the case may be. It is claimed that the Public Service Commission vide different notices shortlisted the petitioners for the interview for the posts applied for by them. The petitioners, who are 29 in number, have mentioned the particulars of petitioners No.1 to 27 only in para (8) of the petition while stating that they were shortlisted for the interview for the posts, they had applied for.

2. As per the Notifications (supra), the assessment of the candidates for the posts of Assistant Professor as well as Physical Training Instructor was to be made on the basis of weightage to the academic merit and on the basis of performance of the candidates in the interview/viva voce.

3. A meeting was held on 01.09.2022 under the Chairpersonship of the Chief Secretary to review Rule 45 of the Jammu and Kashmir Public Service Commission (Business and Procedure) Rules, 2021 (hereinafter referred to as “the Rules of 2021”). The said meeting was attended by the Principal Secretary to Government, Higher Education Department, Secretary to Government, General Administration Department, Secretary to Government, Department of Law Justice & Parliamentary Affairs and Secretary, J&K Public Service Commission. In the aforesaid meeting, it was unanimously decided and proposed that the selection for the post of Assistant Professor/Librarian/PTI in Higher Education Department should be made on the basis of following criteria:

Simultaneously, the respondent No.3 was requested to place the proposed criteria before the respondent No.2 to carry out the necessary changes in Rule 45 of the Rules of 2021 and other relevant rules so as to make the recruitment process fully objective and transparent. It was also proposed that the respondent No.1 would make a request to the J&K Public Service Commission and the J&K Public Service Commission would, after change in criteria for selection of Assistant Professor/PTI/Librarian, withdraw the advertised posts and re-advertise the same as per new criteria adopted by the JK PSC.

4. Thereafter the respondent No.1 in terms of communication dated 22.09.2022 forwarded the minutes of the meeting held on 01.09.2022 to the respondent No.2 and thereafter the respondent No.1 vide communication dated 01.12.2022, requested the JKPSC to withdraw the posts advertised vide various notifications including the notifications referred above. The respondent No. 2 vide notification No.03-PSC (DR-P) of 2023 dated 01.02.2023 withdrew all the posts advertised vide different notifications including the notifications (supra).

5. The petitioners being aggrieved of the communication dated 22.09.2022 read with notification No.03-PSC (DR-P) of 2023 dated 01.02.2023, assailed the same before the Central Administrative Tribunal, Srinagar Bench, and vide order dated 08.02.2023, the learned Tribunal, while issu