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2024 Supreme(Online)(CAT) 16574
CENTRAL ADMINISTRATIVE TRIBUNAL
Mr. B Anand, A, Mr. Rajinder S Dogra, J
Dr. Najma Akhtar – Appellant
Versus
Union Territory of J&K – Respondent
O.A. No. 40/2022
For the Appellants/Petitioners: Mr. Rahul Pant, Sr. Adv with Mr. Aniruddha Sharma
For the Respondents:Mr. Sudesh Magotra, Additional Advocate General, Mr. F A Natnoo for JKPSC, Mr. Vikas Mangotra, Mr. Anuj Dewan Raina, Mr. Ankur Sharma with Ms. Himani Khajuria
Amendments in reservation rules necessitate using the new roster for future appointments, superseding previous provisions.
Headnote:The court examined the amendments in the Jammu and Kashmir Reservation Rules, specifically S.O. 127 of 2020, which mandated the fresh application of a new reservation roster for filling vacancies in the education sector. The applicant challenged the selection process for lecturer posts, asserting illegal roster applications, but the court affirmed that the revised rules were rightly followed. The issues revolved around compliance with the amended rules and their implications on reserved categories in recruitment. The court concluded that no interference with the advertisement process was warranted.
| Table of Content |
|---|
| 1. original application filed regarding recruitment advertisement. (Para 1 , 2) |
| 2. the applicant's qualifications and grievances are detailed. (Para 3 , 4 , 5 , 6) |
| 3. court evaluates compliance with amended reservation roster. (Para 18 , 19 , 20) |
| 4. oa dismissed on merits of compliance with law. (Para 22 , 23) |
ORDER
(Delivered by Hon’ble Mr. Rajinder Singh Dogra, Member-J)
1. The present Original Application has been filed by the applicant against the Notification No. 12-PSC (DR-P) of 2021 dated 14.12.2021 issued by the Public Service Commission to the extent of advertisement of post of Lecturer in the discipline of Social and Preventive Medicine in Government Medical College, Jammu in Open Merit, RBA and SC category.
2. The brief facts of the case as stated in Original Application are that by virtue of Notification No. 12-PSC (DR-P) of 2021 dated 14.12.2021 issued by respondent No. 2 (JKPSC) applications were invited for 03 posts of Lecturer in the discipline of Social and Preventive Medicine in Government Medical College, Jammu. The grievance of the applicant is that respondent No. 1 and 2 have conducted the selection process for these posts by operating the Roster Point from Serial No. 1 instead of Serial No. 5.
3. Being aggrieved, the applicant has filed the present Original Application, seeking the following reliefs:
i. Allow the instant application of the applicant along with costs.
ii. Quash the Advertisement Notice No. 12-PSC(DR- P) of 2021 dated 14-12-2021 issued by the respondent No. 2 to the extent the posts of Lecturer in the discipline of Social and Preventive Medicine in Government Medical College, Jammu, have been advertised in the Open Merit, RBA and SC category by operating the roster from Roster Point No. 1.
iii. Direct the respondents to re-advertise the posts of Lecturer in the discipline of Social and Preventive Medicine in Government Medical College, Jammu, by operating the Roster Point No. 5,6 and 7 in the Open Merit , ST and Open Merit category.
iv. Restrain the Respondent No.2 from going ahead with the selection process in pursuance to the Advertisement Notice No:12-PSC(DR-P) of 2021 dated 14.12.2021 to the extent the posts of Lecturer in the discipline of Social and Preventive Medicine in Government Medical College, Jammu, have been advertised in the Open Merit, RBA and SC category by operating the roster from Roster Point No.1.
4. Learned Senior Counsel for applicant stated that applicant belonging to ST category is a Post-Graduate/MD in the Community Medicine and has acquired her qualification from the University of Jammu and further obtained four years’ experience as Demonstrator in the Government Medical College, Jammu. One post of Lecturer in the Department of Social and Preventive Medicine in Government Medical College, Jammu was filled in year 2008 under open category.
5. Learned Senior counsel further submitted that due to non-availability of candidate in the roster point 2 for RBA category, the post could not be filled up and the same was de-reserved thereafter vide Notification No:42-PSC (DR-P) of 2012 dated 29.06.2012, two posts of Lecturer in the discipline of Social and Preventive Medicine in Government Medical College, Jammu, were advertised, one in the Open Merit category and another in the Scheduled Caste category.Vide another Notification No:46- PSC(DR-P) of 2012 dated 01.08.2012, again in modification of the earlier advertisement notice, two posts of Lecturer in the discipline of Social and Preventive Medicine in Government Medical College, Jammu were re-advertised and this time again, one post was advertised in the backlog category despite the fact that the said post had been de-reserved. After the issuance of Notification No:46-PSC(DR-P) of 2012 dated 01.08.2012, there was litigation in courts as many candidates objected to the fact that the post could not have been advertised in the RBA category after it had been de-reserved. Thereafter, Jammu and Kashmir Public Service Commiss
