Vacancy from non-joining in concluded selection must be filled from same panel absent statutory prohibition; category objections invalid if recommended by authority.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.561/2018 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.2066/2020 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court seeking following relief: - CERTIORARI - quashing respondent no.2's order bearing No. DAHJ/Lit-558/ 3993-96 dated 13-08-2015 whereby the claim of the petitioner for the post of Class-IV in Animal Husbandry Department without application of mind and ignoring the recommendation of the respondent no.3; and for the issuance of an appropriate writ in the nature of writ of – MANDAMUS- Commanding the respondents particularly respondent no.2 to appoint the petitioner against class IV post in Animal Husbandry Department (District Cadre Kishtwar) as recommended by respondent no.3 vide his letter No. CAHO/K/1152 dated 10-09-2014 followed by his further recommendations w.e.f. the date other selected candidates have been appointed with all consequential service and monetary benefits; and for the issuance of FURTHER direction to respondents to grant all other service and monetary benefits w.e.f. the date the other selected candidates have been given; and for the issuance of - ANY OTHER writ, order or direction deemed just and proper in the circumstances of the case.

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

a) The present Transfer Application arises out of SWP No. 561/2018, which was originally filed before the Hon’ble High Court of Jammu and Kashmir at Jammu and, upon constitution of this Tribunal, stood transferred and registered as T.A. No. 2066/2020.

b) The applicant is a resident of a far-flung and backward area of Village Afti, Tehsil Warwan, District Kishtwar. He belongs to a poor family background, his father being a labourer, and claims to have completed education only up to 10+2 due to financial constraints.

c) Respondent No. 3 issued Advertisement Notification No. CAHO/K/1021-26 dated 24.06.2013, followed by Notification No. CAHO/K/1961-63 dated 02.09.2013, inviting applications for appointment to Class-IV posts in the Animal Husbandry Department, District Cadre Kishtwar. The applicant applied pursuant thereto.

d) The applicant was shortlisted for interview and was called to appear vide Notification No. CAHO/K/4070-78 dated 10.01.2014. Interviews were conducted by the duly constituted District Recruitment Committee.

e) After completion of the selection process, Respondent No. 3 issued a provisional select list and wait list vide communication No. CAHO/K/7089-91 dated 26.02.2014. Four candidates were selected, while the applicant and one Talib Hussain were placed in the waiting list.

f) Out of the four selected candidates, only three joined service. The candidate placed at Serial No. 1 of the select list, namely Vijay Kumar, who had applied under the Reserved Backward Area (RBA) category, did not join. The vacancy was thereafter offered to the first wait-listed candidate, Talib Hussain, who also declined to accept the appointment.

g) Consequent upon refusal by the first wait-listed candidate, the applicant, being next in order of merit in the waiting list, claimed entitlement to appointment against the left-out vacancy. Respondent No. 3, accordingly, recommended the applicant’s case to Respondent No. 2 vide communication No. CAHO/K/1152 dated 16.09.2014.

h) Respondent No. 2, vide letter No. DAHJ/ADM/6733 dated 17.10.2014, directed Respondent No. 3 to issue cancellation notices to the non-joining candidates and to notify the next candidate in order of merit under the appropriate cate