Vacancies from non-joining selected candidates must be filled from next available merit list candidates, rejecting arbitrary inaction and technical delays.

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: -

(1) Allow this O.A of the applicant.

(2) Direct the respondent no.2 to recommend and select the name of the applicant as Assistant Professor in GMC Udhampur to respondent no.1 and with further direction to the respondent no.1 to appoint the applicant as Assistant Professor in GMC Udhampur being next in the order of merit list with effect from the date othe co selectees came to be selected and appointed.

(3) Pass such other appropriate order as facts of the case demand and Hon'ble Tribunal may deem just and proper in favour of the applicant.”

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

a) The applicant, a duly qualified medical professional, participated in a selection process initiated by Respondent No.2-Jammu & Kashmir Public Service Commission (JKPSC) for appointment to the post of Assistant Professor (Physiology) in various newly established Government Medical Colleges of the Union Territory of Jammu & Kashmir, including Government Medical College, Udhampur.

b) The said recruitment process was initiated pursuant to Advertisement/Notification dated 31.12.2022, whereby applications were invited for filling up the posts of Assistant Professor in different disciplines for Government Medical Colleges at Handwara, Udhampur, Baramulla and Rajouri. In response thereto, the applicant submitted her application for consideration against the post of Assistant Professor (Physiology) for Government Medical College, Udhampur, strictly in accordance with the prescribed eligibility criteria and procedure.

c) Respondent No.2 conducted a written examination on 25.05.2023, the result whereof was declared on 26.06.2023, in which the applicant successfully qualified. Thereafter, the applicant was called for interview vide notice dated 03.07.2023, and she duly appeared before the Selection Committee on the scheduled date.

d) Upon completion of the selection process, Respondent No.2 issued a provisional select list dated 08.07.2023, wherein one candidate, namely Dr. Retesh Shan, was shown selected against the Open Merit post of Assistant Professor (Physiology) for GMC Udhampur, having secured higher merit. The applicant, though not selected, was placed in the merit list and remained within the zone of consideration.

e) Consequent upon the recommendation made by Respondent No.2, Respondent No.1 issued Government Order dated 25.09.2023, appointing Dr. Retesh Shan as Assistant Professor (Physiology), granting him a period of 21 days to report for duty, with a clear stipulation that failure to join within the stipulated period would result in cancellation of appointment.

f) It is an admitted and undisputed fact that the selected candidate failed to join the post within the prescribed time, and the Principal, Government Medical College, Udhampur, duly intimated Respondent No.1 regarding such non-joining. Consequently, the appointment of the selected candidate stood cancelled, resulting in a clear and undisputed vacancy in the cadre of Assistant Professor (Physiology) at GMC Udhampur.

g) The applicant submits that in similar circumstances arising at Government Medical College, Handwara, where the selected candidate failed to join, the respondents operated the waiting list and appointed the next meritorious candidate, namely Dr.