Selective denial of waiting list appointment beyond validity period to next meritorious candidate despite prior relaxations violates Art.14 and Art.16 equality.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The WP(C) No. 2008/2019 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No/445/2020 by the Registry of this Tribunal.

a) Writ of mandamus commanding the respondents to consider the case of petitioner for issuance of appointment order for the post of Teacher in Open Category District Rajouri in response to Advertisement notice No. 06 of 2013 dated 10.05.2013 item No. 555 with all consequential benefits, with a further direction to the respondents to accord similar treatment to the petitioner as has been accorded to all other candidates figuring in waiting list of General line Teachers in Distt Rajouri against advertisement notice No. 06 of 2013 dated 10.05.2013 its No.555.

b) Any other writ, order or direction whatever the Hon'ble Court may deem fit under the circumstances of the case may also be passed in favour of the petitioner and against the respondents.

2. The facts of the case as pleaded by the petitioner in his pleading are as follows: -

a) The applicant is a permanent resident of the erstwhile State of Jammu and Kashmir and a citizen of India. As such, he is entitled to the protection of his fundamental, legal, and statutory rights guaranteed under Part III of the Constitution of India and the service jurisprudence governing public employment.

b) The Jammu and Kashmir Services Selection Board (respondent No. 2) issued Advertisement Notice No. 06 of 2013 dated 10.05.2013, whereby applications were invited for filling up 195 posts of Teachers in the Education Department under Open Merit category for District Rajouri, shown at Item No. 555. The minimum prescribed qualification was 10+2, with preference to candidates possessing higher qualifications such as B.Ed., M.Ed., or Diploma in ETT/NTT.

c) The applicant, being fully eligible and possessing the requisite qualifications, applied pursuant to the said advertisement. Upon scrutiny of documents and completion of the selection process the respondent Board issued the select list on 30.05.2015, wherein the applicant was placed at Serial No. 11 in the waiting list under Open Merit category for District Rajouri.

d) While issuing the select list, the Board recorded in the remarks column that the recommendation of the applicant was “withheld subject to production of bonafide certificate/validity of PG degree.” Subsequently, after verification of credentials from the concerned University, the respondent Board, vide communication No. SSB/Sel/Secy/2015/9673-74 dated 17.09.2015, forwarded a consolidated list of selected candidates to the Administrative Department, wherein the name of the applicant also figured at Serial No. 176, thereby clearing all earlier reservations.

e) Thereafter, the Director School Education, Jammu (respondent No. 3), vide communication dated 17.12.2016, sought permission from the Administrative Department to operate the waiting list, as the selection of ten candidates had been cancelled due to non-joining or other reasons. Consequently candidates figuring in the waiting list from Serial No. 1 to Serial No. 10 were appointed as Teachers in District Rajouri.

f) The applicant came to know that one candidate, namely Ms. Varsha Sharma, who was figuring at Serial No. 10 in the Open Merit select list, had not joined the post and had sworn an affidavit stating that she was already appointed under an earlier selection. Since the applicant was next in merit at Serial No. 11 in the waiting list, he submitted a representation to the Chief Education Officer, Rajouri, seeking issuance of appoi