CAT restrains Forest Deptt from advertising posts of Range Officers

By
Daily Excelsior
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Excelsior Correspondent
JAMMU, Sept 16: A bench of Central Administrative Tribunal comprising Rakesh Sagar Jain (Judicial Member) and Anand Mathur (Administrative Member) has restrained the respondents from advertising two ST category vacancies of Range Officer Grade-I (Territorial) Forest Department.
The order has been passed in a petition filed by Prince Ahmad Mir and others, who are aggrieved of the decision of the respondent in the nature of inclusion of two candidates under Open Merit Category, who were earlier selected under Schedule Tribe (ST) Category and consequent thereto in recommendation for appointment for the post of Range Officer Grade-I (Territorial), in Forest, Ecology and Environment Department.
The Jammu and Kashmir Public Service Commission vide Notification No. PSC/Exam/67/2019 dated 20.09.2019, notified the select list of Range Officer Grade-I Forest (Territorial) in the Forest Department. The select list was subject to challenge before Tribunal. On consideration, the Tribunal allowed the petition to the extent of challenge thrown to the selection of candidates who did not fulfill the height criteria.
Moreover, the Tribunal directed the Commission to prepare the select list of candidates who fulfill the eligibility criteria mentioned in the Advertisement Notice against the posts which would become available due to exclusion of candidates who do not possess the requisite eligibility. The selection of the respondents was not disturbed. If being so the Commission had to recommend the respondents against the eight available vacancies, conduct the test and thereafter prepare the final select list of the candidates who fulfill all the eligibility criteria.
“The Tribunal has not given any liberty to the respondents to prepare a fresh select list by including the candidates, whose selection has been upheld. The fresh process of selection has to be restricted as amongst the candidates belonging to the Open Merit only. The selection to the extent it pertains to respondents under Schedule Tribe (ST) Category cannot be revisited now”, the bench said, adding “the impugned decision as such is required to be set aside”.

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