A candidate not included in a final select list has no enforceable right to appointment solely due to an unfilled vacancy caused by a selected candidate’s non-joining, in the absence of a specific statutory provision or a validly operating waiting list.

ORDER

Per: - Ram Mohan Johri, Administrative Member

1. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs: -

a) The respondents may be directed to recommend and appoint the applicant as Store Keeper-Cum-Record Keeper-Cum-Clerk-CumComputer operator in GMC, Baramulla against the vacant post under Ex-Servicemen Category which has fallen vacant due to non-joining and double selection of Ajaz Ahmad Dar S/o S/o Nazir Ahmad Dar R/o Talangam Pulwama Tehsil & District Pulwama Kashmir.

b) That Hon'ble tribunal may kindly quash and set aside the impugned order No. 240 SSB of 2020 dated 21.09.2020 which is erroneous and against law.

c) This tribunal may pass any other order(s) or grant any other relief(s) which it deems fit and proper, in the facts and circumstances of this case in favour of the applicant and against the respondents.

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

a) The applicant, an Ex-Serviceman, has filed the present Original Application seeking a direction to the respondents to recommend and appoint him against the post of Store Keeper-cum-Record Keeper-cum-Clerk-cum-Computer Operator in Government Medical College, Baramulla, under the Ex-Servicemen category, on the ground that one of the selected candidates, namely Ajaz Ahmad Dar, though selected for GMC, Baramulla, did not join there as he had also been selected in GMC, Anantnag. The applicant has also challenged order No. 240 SSB of 2020 dated 21.09.2020, whereby his claim was rejected.

b) The case of the applicant is that pursuant to Advertisement Notice No. 02/2019/001 to 02/2019/041 dated 01.02.2019, issued by respondent No. 3 for various posts in Government Medical Colleges of Divisional Cadre Kashmir, 53 posts of Store Keeper-cum-Record Keeper-cum-Clerk-cum-Computer Operator were advertised for GMC, Baramulla under Item No. 02/2019/033. The applicant, being eligible and belonging to the Ex-Servicemen category, applied for the said post within time. According to him, in terms of Rule 4 of the Jammu and Kashmir Reservation Rules, 2005 , 6% horizontal reservation is available for Ex-Servicemen and, accordingly, out of 53 advertised posts, 3 posts were required to be filled from the said category.

c) It is further pleaded that respondent No. 3 issued a provisional shortlist for counselling and document verification on 26.07.2019. In the said shortlist, four candidates were shown in the Ex-Servicemen category and the applicant figured at Serial No. 4 in OM/ESM. One Ajaz Ahmad Dar, with the same roll number, was shown at Serial No. 2 in the Ex-Servicemen category for GMC, Baramulla and, according to the applicant, the same candidate also figured at Serial No. 2 in the Ex-Servicemen category for GMC, Anantnag. On noticing this, the applicant submitted a representation dated 14.12.2019 to the Chairman, J&K Services Selection Board, asserting that if Ajaz Ahmad Dar joined at GMC, Anantnag and did not join at GMC, Baramulla, the resultant vacancy in GMC, Baramulla ought to be offered to the next eligible Ex-Serviceman candidate, namely the applicant.

d) The applicant further states that thereafter the select list for 53 candidates was issued for GMC, Baramulla and