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SANJAY DHAR
Bimal Kumar Goja – Appellant
Versus
University of Jammu, University Campus, Jammu through its Registrar – Respondent
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-teachin
Candidates who participate in the selection process without objection waive their right to challenge the process.
The main legal point established in the judgment is that the selection process must adhere to the terms of the advertisement and the prescribed rules, and any deviation from these norms is impermissi....
Selection processes must adhere to previously established criteria, and unilateral changes are impermissible once the process has commenced.
Selected candidates do not have an indefeasible right to appointment; the state may issue new advertisements and change qualifications without legal obligation to fill prior vacancies.
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