Inclusion in a select or waiting list does not confer an indefeasible right to appointment, and such rights are extinguished if the post is withdrawn by a valid government policy decision.

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP/WP(C) No. 853/2020 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and was registered as T.A. No. 61/723/2020 by the Registry of this Tribunal.

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

a) “It is therefore most respectfully prayed that this Hon'ble Court may be pleased to:

b) Allow the present writ petition.

c) Writ in the nature of Certiorari seeking quashment of the Select list issued for the post of Dietician for Government Medical College Rajouri. Divisional Cadre Jammu advertised vide Advertisement Notification no. 03/2019/001 to 03/2019/041 dated 01.02.2019, to the extent private respondent no. 4 has been selected despite the fact that respondent no. 4 is not eligible for selection.

d) Issue writ in the nature of mandamus commanding the respondent to select and consequently recommend the name of the petitioner for the post of dietician for Government Medical College, Rajouri.

e) Pass such other appropriate order as this Hon'ble Court deem fit in the given set of fact and circumstances.”

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

a) The petitioner, Deepakshi Vaid, invoked the extraordinary writ jurisdiction of this Court under Article 226 of the Constitution of India, calling in question the legality and validity of the select list issued for the post of Dietician for Government Medical College, Rajouri (Divisional Cadre, Jammu) pursuant to Advertisement Notification No. 03/2019/001 to 03/2019/041 dated 01.02.2019, issued by the respondent– Service Selection Board.

b) It is the case of the petitioner that vide the aforesaid advertisement notification, the respondent No. 3 advertised various posts for different Government Medical Colleges. As per Item/Unique Advertisement No. 03/2019/036, one post of Dietician was advertised for Government Medical College, Rajouri, in the Open Merit category, carrying the pay scale of Rs. 35400–112400, with the prescribed qualification of B.Sc. Dietetics / Nutrition from a recognised Institution/University.

c) The petitioner, being fully eligible and duly possessing the prescribed qualification, applied for the said post. The application form submitted by the petitioner was accepted by the recruiting agency without any objection. Thereafter, vide Notification dated 02.05.2019, the respondent–Board decided to conduct a computer-based written examination for the post of Dietician collectively for all Government Medical Colleges, including Government Medical College, Rajouri, and scheduled the examination on 10.05.2019. The petitioner appeared in the said examination pursuant to issuance of admit card.

d) Upon declaration of the result, the petitioner was shown to have secured 45.00 marks and was placed at Serial Nos. 116 and 117 in the merit list, whereas the private respondent (respondent No. 4) was shown at Serial Nos. 147 and 148, having secured 47.08 marks, as notified vide Order No. 244- SSB of 2019 dated 26.09.2019.

e) Subsequently, vide Notification dated 05.10.2019, the candidates were called for verification of documents, in which process both the petitioner and the private respondent participated. Thereafter, the final select list for Government Medical College, Rajouri was issued, wherein the private respondent No. 4 was shown as selected, while the petitioner was placed at Serial No. 1 in the waiting list. It is, however, reflected in the impugned select list that