Excelsior Correspondent
Srinagar, Aug 9: In a land mark judgment, the High Court today while quashing the selection list of technicians in the Power Development Department (PDD) issued by the Services Selection Board (SSB) held that a candidate can’t be declared ineligible once the recruitment process begins.
Justice Tashi Rabstan while disposing of the writ petitions challenging the selection list of the SSB for the posts of technician-III for various districts to be appointed in the PDD, said the board is not justified in changing the rules after the selection process has begun.
Court said the merit, secured by candidates, carried a weight to earn consideration and the SSB is not justified in changing the rules after the selection process has begun and after partaking in the process of selection. Court said the Board cannot be heard saying that candidates are not eligible to be considered for selection against the post.
“Impugned select lists are, by writ of certiorari, quashed. As a consequence, respondent Board, by writ of mandamus, is directed to reframe the Select List according to the merit secured by the petitioners, private respondents and other candidates, and forward the same to respondent department”, Justice Tashi concluded.
Court said, the Department on receipt of fresh recommendations, proceed in the matter and offer appointment to recommended candidates.
Court directed the Board to undertake and conclude the exercise of reframing the Select List, within a period of three weeks from the date of receipt of copy of this order and respondent department, on its receipt, offer appointment within three weeks thereafter. “In any case the whole exercise shall be concluded within a period of six weeks”, Court directed.
Board stated that during selection process it was observed that petitioners did not possess minimum prescribed qualification of ITI with Matric in relevant trade and, therefore, were treated ineligible which arguments has been turned down by the court with the observation that they (Board) cannot backtrack from the relevant rules pertaining to the field.
“Petitioners herein, appeared both in written test as well as in viva-voce. The merit list/result has been submitted by respondent Board, reflecting therein the points/marks secured by all candidates, including petitioners. Petitioners have made marks to be selected against the posts of Technician-III, therefore”, court said they are entitled to be offered appointment by the SSB.
“When petitioners were called for written test, they sat in written test. They were declared successful. As a consequence, they were called for interview, in which they appeared. However, they didn’t find place in select list as such the said action on behalf of the Board is not justifiable”, Court said.
“Was it open for respondents to exclude the candidates, petitioners herein, after process of selection was set in motion and after petitioners were subjected to written test as well as interview? Answer thereto is always in negative”, court said.
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