Candidate next to waitlisted can’t claim post: HC

Excelsior Correspondent
SRINAGAR, May 20: The High Court today held that a candidate securing a merit next to waitlisted candidate in a selection process cannot claim appointment against the post if the selected and wait listed candidates fail to join the post.
Justice Ali Mohammad Magrey while rejecting the claim of the petitioner for the post of Accounts Assistant in Schedule Caste category has made it clear that such candidate who has secured less merit than a candidate in waiting list cannot claim appointment against the said post in case waiting list candidate does not join on the post.
“…a candidate in a selection process securing a merit position below the waitlisted candidate cannot lay any claim of selection and appointment against the advertised post in the event the waitlisted candidate does not join against the post when appointment is offered to him on account of non-joining of the selected candidate”, Justice Magrey concluded and said the writ petition thus merits dismissal and is, accordingly, hereby dismissed.
The petitioner had offered his candidature for selection against the post of Accounts Assistant (ST category), in Finance Department with District Cadre Shopian, advertised by the Jammu and Kashmir Services Selection Board (the Board) at serial No.326 of its advertisement notice no.03 of 2014 dated 30.12.2014.
The Board, at the culmination of the selection process, forwarded the selection list containing the name of a lone candidate along with a waiting list to the Department.
Consequently the Finance Department accorded sanction to the deputation of the selected candidate to the Accounts Training School where he was required to report within 21 days of the issue of the order.
It appeared that while the Department had yet to act on the selection list so forwarded to it by the Board, the petitioner made a representation addressed to the Directorate General, Accounts and Treasuries, bringing it to his notice that the selected candidate and the candidate figuring in the waiting list had tendered affidavits stating that they did not intend to join, and requesting him to direct the concerned authorities to process his case for selection /appointment in accordance with norms but the authorities denied him such right.