Reserved category candidates with superior merit cannot shift to Open Merit post-appointment; waiting lists expire upon category filling, but reconsideration allowed subject to pending appeals.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No. 1368/2017 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.643/2022 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court seeking following relief: -

a) allow the present writ petition;

b) quash Govt. Order No. 188-Edu of 2017 dated 27.04.2017, whereby and whereunder, the case of the petitioner for selection and appointment as Teacher under OSC Category District Cadre, Jammu, pursuant to Advertisement Notice No. 06 of 2013 (Item No. 470) has been rejected on misplaced grounds without application of mind;

c) quash Notice No. DIP/J-801 08.05.2017, Issued under the hand of respondent No. 3, whereby and whereunder, waiting list against cancellation of blank slots is sought to be operated and names of the private respondents figured at Sr. No. 2 to 4;

 d) command and direct the respondents to apply the same yard stick / logic in the selection of the candidates figuring at S. Nos. 2 and 3 of OSC category, as has been applied/advanced by the respondents for the selection of the candidate figuring at S.No. 1 of OSC selection list and consequently select these two candidates figuring at S. Nos. 2 and 3 of OSC category under OM/OSC category after operation of the wait list of OM Category, creating vacancies in the OSC category against which the petitioner is required to be considered for selection and appointment.

e) restrain the respondents from issuing appointment orders in favour of the private respondents Nos. 5 to 7, as Teacher under Category, District Cadre, Jammu, pursuant to Advertisement Notice No. 06 of 2013 (Item No. 470); OM

f) ANY other writ, order or direction which this Hon'ble Court may deem fit or proper in the facts and circumstances of the case.

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

a) The present Transfer Application arises out of SWP No. 1368/2017, which stood transferred from the Hon’ble High Court of Jammu and Kashmir and was registered before this Tribunal as TA No. 643/2022. The applicant, Ms. Neelam Kumari, belongs to the Other Social Caste (OSC) category and possesses the qualifications of B.A., B.Ed. and M.A. (English) from the University of Jammu.

b) Pursuant to Advertisement Notification No. 06 of 2013 (Item No. 470), applications were invited for filling up 466 posts of Teachers in District Cadre Jammu, out of which 10 posts were earmarked for the OSC category. The applicant applied under the OSC category and participated in the selection process comprising written examination and viva-voce.

c) Upon conclusion of the selection process, the final select list revealed that 09 candidates were selected under the OSC category against 10 notified posts, while one post remained unfilled for want of clarification. The applicant was placed at Serial No. 3 in the waiting list of the OSC category with 57.7229 merit points. The last selected candidate under the Open Merit (OM) category had secured 59.1517 merit points.

d) It is the specific case of the applicant that several candidates under the OM category did not join or failed to submit requisite documents, resulting in vacancies under the OM category. Notices were issued by the authorities calling upon such candidates to report for verification, failing which the waiting list would be operated. According to the applicant, upon non- joining of such candidates, the OM waiting list ought to have been operated,