Candidates not in the select or waiting list lack enforceable rights to appointment despite subsequent vacancies or higher merit scores.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs: -

I) for quashing the communication dated 12.07.2019 by virtue of which the respondents No. 2 in terms of communication dated 12.07.2019 withdrawn 35 posts of Junior Assistant in School Education Department, District Cadre Doda advertised in terms of Advertisement Notice No. 02/2017/43 to 02/2017/62 dated 18.10.2017 out of 80 posts already advertised when selection process was already complete only select list was required to be issued at the time of withdrawal of the posts, without assigning any reason or publishing in any newspaper.

II) for quashing the selection of the private respondents No. 7 to 12 as the respondent no. 7 to 12 are less meritorious then the applicant and were selected in open merit, whereas applicant with 56.40 marks not selected in the open merit..

III) for quashing the selection of the last candidate in the open merit as even on 45 posts the SC category deserve 04 posts as a roster points according to the Rule-5 of the Jammu and Kashmir Reservation Rules roster points are 3, 15, 27, 39, 51.......

IV) for quashing the Govt. order No. 144-Edu of 2020 dated 19.06.2020, whereby respondents No. 4 to 5 accorded sanction for utilization of 28 posts of Jr. Assistant of direct quota in District Cadre, Doda Education Department to be given to the RET teachers as teacher grade-II and III by deducting these post from the already advertised post for direct selection vide advertisement notice Annexure-A/1 on which selection process was already complete.

V) for directing the respondents to shift the private respondents No. 13 and 14 as well as applicant into select list of open merit as last candidate in the open merit select list having 54.15 marks, whereas, the applicant is having 56.40 marks which are higher than the last candidate in the open merit.

VI) for directing the respondents No. 2 to 5 to provide 01 more post to the SC category from the open merit as a roster points as SC category deserve 04 posts instead of 03 on 45 posts and select and appoint the applicant according to his merit in the open merit or SC category.

VII) for directing the respondents No. 2 to 5 to issue the select list for the remaining 35 posts according to the ratio provided in the advertisement notice to the categories and select and appoint the applicant in the open merit or SC category according to his merit.

VIII) Any other order or direction which this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case in hand.

2. The facts of the case as averred by the applicant in his pleadings, are as follows:

a) The applicant, a Scheduled Caste candidate and a permanent resident of the Union Territory of Jammu and Kashmir, applied for selection to the post of Junior Assistant (School Education Department), District Cadre Doda, pursuant to Advertisement Notice No. 02 of 2017 dated 18.10.2017 issued by the J&K Services Selection Board, whereby 80 posts of Junior Assistant were advertised for District Doda under direct recruitment.

b) The applicant fulfilled all prescribed eligibility conditions, including educational qualification, typing proficiency, and possession of a valid Scheduled Caste certificate, which was duly enclosed with the application form. The applicant qualified the typing test conducted in December 2017 and thereafter appeared in the Computer Based Test held on 14.04.2018. Upon evaluation, the applicant secured 56.40 merit points

c) A provisional shortlist was issued by the Selection Board for counselling and document verification. The applicant’