IMPORTANT POINT
The waiting list for recruitment cannot be used to fill vacancies arising from the resignation of selected candidates, as such vacancies are treated as fresh vacancies requiring a new selection process.

JUDGMENT :

Pankaj Mithal, CJ.

1. The State of Jammu and Kashmir and the Jammu and Kashmir Service Selection Board together have preferred this LPA against the judgment and order dated 3rd May 2018 passed by the learned Single Judge allowing SWP No. 670/2017 with the direction to the State authorities to operate the wait list of the Junior Engineers (Civil) for the period of one year so as to accord appointment to the candidates from the wait list to the post of Junior Engineer (Civil) against the vacancies falling vacant due to resignation of the candidates selected and joining.

2. The Selection Board issued an Advertisement Notification No. 02/2014, dated 30.12.2014 inviting applications for filling up large number of posts of Junior Engineers (Civil). In pursuance of the above advertisement, the petitioners-respondents applied. The selection list was notified on 29.04.2016 and the petitioners-respondents were placed in the waiting list. Subsequent to the aforesaid selection list, the selected candidates were appointed in terms of the Government Order dated 25.05.2016, but two of the selected candidates failed to join. Accordingly, in their place, two persons at serial Nos. 1 and 2 from the wait list were appointed. Later on, it transpired that some of the selected candidates who have earlier joined resigned to join as Assistant Engineers pursuance to their selection on the said post in terms of the same advertisement issued by the Selection Board. The petitioners-respondents claimed appointment on the vacancies so arising due to the resignation of the candidates joining as per the above select list.

3. It is in the above background that the petitioners-respondents filed the above writ petition seeking reliefs so as to keep the select list operational for a period of one year to enable them to join as Junior Engineers consequent upon the resignation of the selected candidates who were appointed. The above writ petition has been allowed by the impugned judgment and order.

4. A short question raised in this appeal is as to whether the writ court was justified in directing for the appointment candidates from the wait list to the post of Junior Engineers against the vacancy arising due to resignation of the selected candidates who have joined.

5. The submission is that once a selected candidate from the select wait list joins, the vacancy get exhausted. Accordingly, on his resignation, a fresh vacancy arises which has to be filled up afresh in accordance with law after due advertisement and selection process. The life of the wait list may be for a period of one year, but it remains operatable for that period, so as to allow appointments only against the post advertised which have remained unfilled due to non-joining of any candidate for some reason. It would not apply to fill up the vacancy caused due to the selected candidate joining and resigning.

6. The other side has defended the impugned judgment and order on the basis of Rule 14(7) of The Jammu and Kashmir Civil Services Decentralization and Recruitment Rules, 2010 which have been framed in exercise of the powers under section 15 of The Jammu and Kashmir Civil Services Decentralization and Recruitment Act, 2010. It is submitted that in addition to the select list, a wait list has to be prepared and the life of such wait list is one year. The purpose of preparation for the said wait list is to consider the candidates of the wait list against "drop out" vacancy. The "drop out" vacancy would include vacancy which arises due to the resignation of the selected candidates joining the post.

7. It would be profitable to quote sub-rule (7) of Rule 14 of the aforesaid Rules:-

7. "The concerned Selection Committees of the Board shall also draw up a waiting list of 25% of the total number of selected candidates and forward the same, through the Board, to the requisitioning authority for consideration against drop-out vacancies. The waiting list shall remain in force for a period of one year fro