Candidates who participate in the selection process without objection waive their right to challenge the process.

JUDGMENT :

1. The petitioners have challenged Advertisement Notice dated 18.08.2005 issued by respondent No. 1, whereby applications were invited for appointment to the post of System Analyst in the department of Computer Sciences, University of Jammu. A further direction has been sought upon the respondents to fill up the post of System Analyst in the department of Computer Sciences by allocating 50% quota for in-service candidates of non-teaching side belonging to Technical Staff. Challenge has also been thrown to the appointment of respondent No. 5 as System Analyst made in terms of letter dated 31.08.2005 issued by respondent No. 1.

2. Briefly stated, the case of the petitioners is that petitioner No. 1 is working as Senior Technical Assistant in the department of Computer Sciences, University of Jammu, whereas petitioner No. 2 is working as Junior Technical Assistant in the same department. It has been pleaded that there are three classes of employees in the Jammu University, namely, teaching Staff, non-teaching staff and works department. It has been submitted that the posts of System Analyst, Senior Technical Assistant and Junior Technical Assistant are part of the non-teaching staff and these posts like other posts of the University of Jammu are governed and regulated by the guidelines prescribed by the University Grants Commission. It has been further submitted that vide Resolution No. 19 dated 24.07.1986, respondent No. 2 authorised the approval of implementation of the pay scales prescribed by the University Grants Commission for the non-teaching employees. Accordingly, after adaption of the pay scales prescribed by the University Grants Commission, the same were also allowed to the non-teaching staff, including Senior Technical Assistants and Junior Technical Assistants. It was, however, provided in the conditions mentioned in Resolution dated 24.07.1986 that the exercise is to be undertaken by the respondent-University for grant of promotion by fixation of quota to the extent of 50% to the in-service candidates on the basis of the guidelines issued by the University Grants Commission.

3. According to the petitioners, the respondent-University did not adhere to the reservation of quota of 50% to the non-teaching staff immediately. However, vide Notification No. 4 of 1998 dated 04.04,1998, quota to the extent of 50% relating to the promotion to the next higher post was extended to the ministerial and secretarial staff. The said benefit, however, was not extended to the technical staff. The petitioners are stated to have filed their representations before the Grievance Cell in this regard and sought their promotion by reservation of 50% of quota of the next higher posts so as to seek the same benefit to them as was made available to the secretarial staff, ministerial staff and the staff of central libraries.

4. According to the petitioners, the official respondents without redressing the grievance of the petitioners issued the impugned Advertisement Notice dated 18.08.2005 for filling up several posts including the post of System Analyst in the department of Computer Sciences, without providing for any reservation to the extent of 50% for in-service candidates. It has been contended that the post of System Analyst was required to be filled up from amongst the in-service candidates in view of the mandate of University Grants Commission, which provided for reservation of 50% posts to the in-service candidates.

5. The petitioners, however, are stated to have applied for the advertised post of System Analyst alongwith other candidates including respondent No. 5 and they have also participated in the selection process by attending the interview that was held on 22.08.2005. It seems that the petitioners did not find themselves selected and instead respondent No. 5 was appointed as System Analyst in terms of impugned letter dated 31.08.2005 issued by respondent No. 1.

6. The petitioners have challenged the aforesaid action of the