Provisional selection does not confer a right to appointment, and qualifications must meet advertised requirements for eligibility.

O R D E R

Per Hon’ble Mr. Rajinder Singh Dogra, J.M.

The fact of the case is that the applicant being a Matriculate and having done ITI training in Radio & TV Trade applied for the post of Technician III, District Cadre Srinagar in response to the notification issued by the respondents dated 21.11.2005. The respondents vide notification dated 9.2.2007 short listed the candidates for appearing in the interview and the applicant was also invited for interview for the post of Technician III, District Srinagar and his Sl. No. was ST-13. The respondents issued select list for the post of Technician III District Cadre Srinagar selecting 17 candidates and result of Sl. No. 11 has been kept withheld. The respondents have not declared the result of the applicant. Moreover, the respondents have selected one Narinder Kumar as Technician III who has done ITI in Radio and TV Trade. The applicant made a representation to the Secretary, J&K Service Selection Board Srinagar for confirmation of the result but the respondents did nothing and deprived the applicant from his right to get selected and appointed. Being aggrieved by such inaction on the part of the respondents, the applicant has approached the Hon’ble High Court in SWP No. 1920 of 2007. After the promulgation of the J&K Reorganization Act, 2019 and the formation of UT of J&K, the case was made over to this Tribunal where it was re-numbered as TA 4249/2021. The applicant has prayed for the following relief :

i) To issue directions to the respondents to declare the result of the applicant and also issued appointment order in favour of the applicant and to allow the applicant to join on the post of Technician III District Cadre Srinagar on which the applicant was duly selected by the Service Selection Bord, Srinagar under ST category vide select list published in Daily English Newspaper on 7th of July 2007 but result of the applicant was withheld by issuance of writ of mandamus;

ii) To issue directions to the respondents to give effect of appointment to the applicant on the post of Technician III District Cadre Srinagar from the date the applicant was duly selected under ST category, by issuance of writ of mandamus;

iii) To issue directions to the respondents restraining them to fill up the post of Technician III District Cadre Srinagar on which the applicant was duly selected under ST category and restraining them to adjust or appoint any person on the post of Technician III in place of applicant by issuance of writ of prohibition;

iv) To declare the act of respondents by which the respondents have not declared the result of the applicant and have not issued the appointment order in favour of the applicant, as ultra vires, illegal, arbitrary, unconstitutional, unjust and contrary to the provisions of law and rules and against the provisions of principles of natural justice by issuance of writ of mandamus;

v) To issue any other writ, order or directions which the Hon’ble Court may deem just and proper in the facts and circumstances of the case in favour of the applicant and against the respondents with costs.

2. The respondents have filed their counter stating therein that the grievance of the applicant is that he despite being in the select list has not been appointed and his result has been withheld by the respondents. It is submitted that vide advertisement notification No. 06 of 2005 dated 21.11.2005 applications were invited for various posts including the post of Technician III, District Cadre Srinagar. As per the notification appended by the applicant the qualification prescribed for the post was as under :

“Matric with ITI trained in Electrical/ Mechanical/ Welder/ Blacksmith Trade.”

The applicant possessing the qualification of Matric with ITI in Radio and TV also submitted his application form. The applicant form was processed and without taking note of his qualification, he was short listed and called for viva voce, he was interviewed and ultimately on completion of the selection proc