Candidates are entitled to consideration for available posts if a vacancy arises during the validity of the selection list despite administrative delays.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP/WP(C) No. 2437/2018 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and was registered as T.A. No. 61/48/2023 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court with following prayer:

a) “allow the present writ petition;

b) quash Communication No. RD&PR/ Estt./131/2016 dated 26.09.2018, whereby and whereunder, the case of the petitioner for appointment to the post of VLW has been rejected on the misplaced ground, that the same is not covered under SRO 60 dated 02.02.2018;

c) command and direct the respondents, to appoint the petitioner as VLW against the vacancy against which respondent No. 4 was selected but his selection cancelled ab-initio vide Order No. 224 SSB of 2017 dated 16.06.2017;

d) command and direct the respondents, to appoint the petitioner as VLW against the vacancy against which respondent No. 4 was selected, w.e.f the date other candidates, particularly respondent No. 6 was appointed (vide order dated 08.04.2017); more

e) restrain the respondents from re-advertising the vacancy of VLW District cadre Kathua, created due to non-joining of respondent No. 4 f) ANY other writ, order or direction which this Hon'ble Court may deem fit or proper in the facts and circumstances of the case.”

3. The facts of the case as averred by the petitioner in his pleadings are as follows:

a) The petitioner is a citizen of India and a permanent resident of the erstwhile State of Jammu and Kashmir, and as such, is entitled to all legal, fundamental, and statutory rights guaranteed under Part-III of the Constitution of India and the Rules framed thereunder.

b) The petitioner, after passing the 10+2 examination, pursued and successfully completed a four-year Bachelor’s Degree in Engineering (Electronics and Communication Engineering) from the University of Jammu.

c) The respondent–J&K Services Selection Board (SSB) issued Advertisement Notice No. 06 of 2015 dated 01.09.2015, inviting online applications for various District Cadre posts, including 21 posts of Village Level Worker (VLW) in the Rural Development and Panchayati Raj Department, District Cadre Kathua. The category-wise breakup of posts was as follows:

 OM: 10

 RBA: 05

 SC: 02

 ST: 02

 ALC: 01

 OSC: 01

Total: 21

The minimum prescribed qualification for the post was 10+2 pass.

d) The petitioner, belonging to the Open Merit (OM) category, participated in the selection process. The final selection list was issued on 21.06.2016, wherein the petitioner’s name figured at Sr. No. 3 in the OM waiting list. The names of other candidates under OM category were:

 Proforma-respondent No. 4 – Sr. No. 1 in the main list

 Proforma-respondent No. 5 – Sr. No. 3 in the main list

 Proforma-respondent No. 6 – Sr. No. 1 in the waiting list

 Respondent No. 7 – Sr. No. 2 in the waiting list In the remarks column of the selection list, it was noted that the recommendation of proforma-respondent No. 4 was withheld pending clarification regarding his residential district.

e) The SSB thereafter issued Notice No. SSB/Sel/Secy/2017 (04/2017) calling upon proforma-respondent No. 4 to submit the requisite documents within ten days. However, as he had already been appointed as Junior Statistical Assistant, District Cadre Kathua, he did not join as VLW. Consequently, a vacancy under OM category became available on 21.06.2016, i.e., the date of issuance of the selection list.

f) Since proforma-respondent No. 4 did not comply, a final notice dated 23.05.2017 (No. SSB/Sel/Secy/2017/4925-29) was issued by the SSB