Excelsior Correspondent
Srinagar, May 3: High Court today directed the Government to act upon the waiting list of Junior Engineers (Civil) against the vacant posts available for the last one year from the date when the recommendation for appointment was made by the recruitment board.
Justice Ali Mohammad Magrey hearing the petition filed by the candidates seeking direction be issued to the Government to make waiting list of Junior Engineers (Civil) operational upon resignation of certain candidates, directed the waiting list in question be made operable.
Court also directed the waiting list be made operational against respective categories, within a period of four weeks, where the vacancies have arisen because of appointment of selected/ appointed Junior Engineers (Civil) as Assistant Engineers (Civil).
Court on the analysis and with the strength of the interpretation of the Rule 14 (7) of J&K Civil Services Decentralization and Recruitment Rules 2010, said, it has become clear that the object of the rule is to ensure that the requisitioned vacancies are filled up during the validity period of the select/wait list.
Court further added that rulemaking authority has only with this intention to ensure utilization of vacancies during the validity of select/wait list made it valid for one year, otherwise, it loses its object and significance.
Ordinarily the joining period of appointment of a selected candidate is only provided as 21 days and if the submission of state counsel is accepted, Court said, then why does the Rule making authority make the select/wait list valid for a period of one year and why should it not be kept valid for only till the expiry of the joining time of the appointed candidates.
“On the analysis and interpretation, so made this court is of the considered view that the vacancies which accrued during the validity period of the selection list are to be utilized amongst the wait list candidates, who are made available by the Service Selection Board”, reads the judgment.
Petitioner candidates were seeking direction on Government to keep the ‘select list’ of the Junior Engineers notified in terms of communication No. SB/Secy/ Sel/2016/PWD/12133-39 operable and live to enable the petitioners to join as Junior Engineers consequent upon the resignation of selected candidates.
Court said, admittedly 25 posts of Junior Engineer (Civil) have become available during the life time of the validity of the select /wait list, on account of appointment of 25 candidates out of select list of Junior Engineers (Civil), therefore, claim raised by the petitioners has to be decided on the touch stone of the object behind the legislation, which has made the provision for keeping the select/wait list valid for a period of one year.
Court said, the rule by the concerned authority has been made on positive analysis, resulting in achieving positive object by ensuring that the requisitioned vacancies for selection are filled up at least during one year of the validity of selection list.
“In the above backdrop, there is no point to join issue with reference to non-utilizing the vacancies, which have admittedly became available during the life time of the validity of the select/wait list” court said, adding with “This Court consciously while underlining the object of the rule with reference to the period of validity of select/wait list has directed respondents not to fill up these vacancies and extended period of validity of the wait list till the final consideration of the matter for decision”.
Court further said, the object and purpose to prepare the selection list along with wait list is to ensure that all the requisitioned vacancies are utilized by making available the selected candidates to extract work from them in the public interest. The Government should have on their own accepted the plea of the petitioners, who are qualified and selected Junior Engineers, though in wait list by making their appointments against the “drop out vacancies” without compelling them to approach this Court.
Court says so because if the approach adopted by the Government by denying the petitioners right of consideration for appointment is accepted, it may delay utilizing the posts of Junior Engineers (Civil) for further years and in turn the public will suffer.
Court said, the object and purpose of preparing the select list along with waiting list is to ensure that no selection process so initiated is lost on account of Government failure to make appointment on the basis of said list.
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