Excelsior Correspondent
JAMMU, June 23: In Letters Patent Appeal (LPA) filed by Ajay Raina and others seeking quashment of the Advertisement Notice No: 01 of 2012 dated 19.07.2012, Division Bench of State High Court comprising Chief Justice N Paul Vasanthakumar and Justice B S Walia has directed the respondents to consider the cases of the petitioners for appointment under Prime Minister’s Special Package for Return and Rehabilitation.
While allowing the LPA, Division Bench observed, “it is not in dispute that a number of posts were created and Special Rules known as the Jammu and Kashmir Kashmiri Migrants (Special Drivel Recruitment Rules, 2009, were also issued under SRO 412 for selecting the persons who are eligible as migrants”, adding “based on the impugned notification, the appellants have applied. It is also not in dispute that they are also migrants and eligible for appointment. However due to non availability of vacancies, as several posts were reserved, the appellants were not accommodated”.
“The Services Selection Recruitment Board, after noticing the fact that no Reserved Category Candidate is available, submitted a proposal for de-reservation of the posts to the Government and the posts were also de-reserved therefore the vacancies remained un-filled”, the DB said, adding “according to the counsel for the appellants, two posts are vacant due to non-joining of the candidates and without accommodating the appellants numbering 18, the Service Selection Recruitment Board issued fresh advertisement notice dated 19.07.2012. Therefore, they were forced to challenge the Advertisement”.
Division Bench further observed that Single Judge dismissed the writ petition binding that the waiting list can be operative only for one year in terms of Rule 10 (vii) of SRO 194 and, therefore, the appellants have no right to demand appointment against the available vacancies.
“The point in issue is as to whether General Rule which prevails for drawing the waiting list and validity period is applicable when special recruitment is made under the Special Rule, namely, the Jammu and Kashmir Kashmiri Migrants (Special Drive) Recruitment Rules, 2009”, the DB said.
“In absence of validity period of waiting list in the Special Rules, the objection of the claim of the appellants by applying the General Rule cannot be sustained. The Advertisement Notice was issued calling for applications for filling up the 7632 vacancies. The appellants being 18 in number, they can very well be accommodated as they are eligible to be accommodated under the Special Rules and due to reservation of posts only the appellants were not accommodated initially”, the DB said, adding “in such circumstances, the respondents are bound to select and appoint the appellants (18) under the Special Package and Rehabilitation Scheme and the remaining vacancies alone can be filled up in terms of the advertisement issued by the respondents”.
With these observations, Division Bench allowed the appeal and directed respondents to accommodate the appellants on available posts as per their qualification within two months from the date of receipt of copy of this order.
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