Deptts to fix responsibility while seeking relaxations
Thrust on prompt settlement of withheld recommendations laid
Mohinder Verma
JAMMU, July 16: Recruiting agencies and appointing authorities in the Union Territory of Jammu and Kashmir are not strictly following the statutory provisions and repeated instructions of the Government regarding timely conclusion of the selection process thereby leading to delay in making appointments.
Vide Circular No.38-JK(GAD) dated December 24, 2020, the Government had drawn the attention of Administrative Departments and Heads of the Departments towards Rule 14(5) and (7) of the Jammu and Kashmir Civil Services (Decentralization & Recruitment) Rules, 2010 and SRO 533 dated November 29, 2018 which prescribe the validity of select list/wait list issued by the recruiting agencies.
While pointing towards the inordinate delay taking place in the departments in operating the selection list/waiting list, the Government had impressed upon all the Administrative Departments and Heads of the Departments to ensure timely processing of the select/wait list to their logical conclusion within the validity period prescribed under Rules and refrain from recommending cases laden with delays caused by respective departments for relaxation to the General Administration Department.
“As per the service jurisprudence, the relaxation in the Rules has to be done very judiciously and under extremely exceptional circumstances so as to withstand the scrutiny of law. Moreover, relaxation in the Rules cannot be claimed as an unflagging right”, it was explicitly mentioned in the circular of December 24, 2020.
However, despite fixed timelines notified in the Rules and various instructions issued from time to time for concluding the selection process and operating the select/wait list, it has been observed that either the recruiting agencies don’t forward the waiting list along with the selection list thereby violating the statutory provisions or the appointing authorities consume considerable time in operating upon recommendations out of the select or wait list which often results in expiry in their period of validity, the Commissioner Secretary to the Government, General Administration Department Manoj Kumar Dwivedi has mentioned in the circular issued today.
“Further, enormous time is consumed by the recruiting agencies to decide on the withheld recommendations which often denies the candidates figuring in the waiting list opportunity from being considered for appointment against such candidature”, the General Administration Department said, adding “timely conclusion of the withheld recommendations assumes more significance in the light of the provisions contained in the SRO 60 dated February 2, 2018 by virtue of which such cases remain alive perpetually unless decided in a time bound manner”.
The Commissioner Secretary GAD has impressed upon the appointing authorities to operate the recommendations out of the waiting list immediately upon the end of 21 days allotted as joining period for the appointees.
Moreover, all the recruiting agencies and appointing authorities have been directed to adhere to the statutory provisions and bring the selection processes to the logical conclusion within the fixed timelines and refrain from recommending the cases laden with procedural delays for relaxation in the Rules which has to be done very judicially and under extremely exceptional circumstances so as to withstand the scrutiny of law.
“In future, the Administrative Departments will recommend such cases of relaxation only after fixing the responsibility on erring officials and departments or cause of delay is due to any extraordinary reasons beyond the control of any authority or under extremely exceptional circumstances with detailed reasons to be brought out in the recommendation”, the Government has made it clear.
Rule 14(5) of Jammu and Kashmir Civil Services (Decentralization and Recruitment) Rules, 2010 read with SRO 533 dated November 29, 2018 prescribe that the select list shall remain in force for a period of one year from the date the select list is sent to the requisitioning authority.
Similarly, Rule 14(7) read: “The concerned selection committees of the Board shall also draw up a waiting list of 50% of the total number of posts advertized, which shall extend to 100% where the number of vacancies is 10 or less. The selection committee shall forward the waiting list, through the Board, to the requisitioning authority for consideration against dropout vacancies”.
“The waiting list shall remain in force for a period of one year from the date the original selection list is sent to the requisitioning authority”, Rule 14(7) further States.
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