Provisional selection list confers no indefeasible right to appointment without completing mandatory document verification within stipulated time.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The applicant has filed the present Original Application under Section 019 of the Administrative Tribunals Act, 1985 seeking the following reliefs: -

a) Allow the instant original application;

b) To quash the Order No. 173-SSB of 2020 dated 12th June, 2020 issued by the Respondent No. 2 by which the claim of the applicant has been rejected without assigning any reason;

c) To issue directions to the Respondents to consider the case of the applicant on the same analogy as the respondents has considered the case of other similarly situated persons and issue directions to the respondents to select and recommend the name of the applicant for appointment to the post of Dental Assistant / Junior Dental Technician, District Cadre Kathua under RBA category.

d) To issue directions to the respondents to consider and grant parity to the applicant as done in other cases where the said persons also did not attend the counseling on the scheduled date and however later on the respondents accepted their representations and conducted counseling and thereafter, recommended their names to the Govt. for appointment as the case of the applicant is similar with persons to whom the respondents no. 2 and 3 has granted same benefit, in the interest of justice;

e) To declare the act of the respondent no. 2 and 3 as illegal and not sustainable in the eyes of law by which the respondents has rejected the representation of the applicant pursuant to the directions issued by the Hon'ble High Court in SWP No. 280/2018 and MP No. 1 of 2018 titled "Sham Lal V/s State of J&K and Ors" as the respondent no. 2 and 3 has accepted the similar representations issued by some other persons.

f) To restrain the respondents from cancelling the selection of the applicant for the post of Dental Assistant / Junior Dental Technician District Cadre Kathua under RBA category, as the applicant is selected vide Select list dated 16.12.2017.

g) Prayer for the grant of any other interim or final relief as may be deemed appropriate in the facts and circumstances of the case in favour of the applicant.

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

a) The applicant, a permanent resident of the Union Territory of Jammu and Kashmir, assails Order No. 173-SSB of 2020 dated 12.06.2020 issued by the Jammu and Kashmir Services Selection Board, whereby his claim for consideration against the post of Dental Assistant / Junior Dental Technician, District Cadre Kathua, under RBA category, came to be rejected. The applicant seeks quashment of the said order and a consequential direction to the respondents to conduct his document verification/counselling and recommend his name for appointment, asserting parity with similarly situated candidates who were granted such relief.

b) Pursuant to Advertisement Notification No. 01 of 2016 dated 01.06.2016, issued by the J&K Services Selection Board, four posts of Dental Assistant / Junior Dental Technician, District Cadre Kathua, were advertised—three under the RBA category and one under the ALC category. The prescribed qualification for the said post was 10+2 with Diploma in the relevant field from a recognised institution. The applicant, claiming to be fully eligible, applied in response to the said notification and participated in the selection process.

c) Upon completion of the selection process, the Board issued a provisional select list dated 16.12.2017, which was also published in leading newspapers. The applicant’s name figured in the select list under the RBA category for District Cadre