Fayaz Bukhari
SRINAGAR, Apr 9: Jammu and Kashmir High Court today in a celebrated judgment held that Selection Body can at any time withdraw the advertisement notice or abandon the selection process and a candidate who applied for the advertised post has no right to restrain the selection body for the same as the advertisement notice does not confer any right to the candidate to oppose the withdrawal of advertisement.
The Court while hearing a petition filed by the petitioner who had responded to the advertisement notice no.09-PSC dated 23.5.2013 issued by the Public Service Commission for filling up of 1289 posts of Assistant Professors in various Government Degree Colleges of the State.
The notice had held eligible those candidates having M Phil Degree even if he had not qualified National Eligibility Test (NET) or State Level Eligibility Test(SLET) conducted by University Grants Commission or University of Kashmir as well as Jammu.
Latter on an by way of making amendment of the rules Government issued an order vide No. 254-HE dated 23.5.15 by which deleted relevant para from the Rules (J&K Education College Services Recruitment Rules) resultantly a candidate would not be eligible for the post unless he has qualified NET or SLET and another notification no. 12-PSC of 29.5.2014 came to be issued by the respondent board.
Aggrieved of the Government order and notification petitioners pleaded that they are unjustifiably excluded from the consideration for the advertisement post as such are seeking quashment of these two.
Court while dismissing their writ petitioner held that it is nobody’s case that the amendment to the Recruitment Rules was motivated by any malafides and such type of exercise therefore is not tainted with any malafides.
“It is well settled law that the Advertisement notice does not confer any right on a candidate who responds to the notice, to be considered for advertised post, to ask for finalization of the selection process or a right to oppose withdrawal of the post advertised or resist the abandonment of the selection process”, said Justice Hasnain Masoodi of Jammu and Kashmir High Court.
Court said that the advertisement does not confer any right for appointment to the candidates who responded to the same as it is mere a notice to the general public regarding availability of advertised vacancies to as to enable them satisfying the eligibility criteria to submit their applications.
“It is well settled that the selection body can at any time withdraw the advertisement notice or abandon the selection process or withdraw some of the advertised posts and decide to restrict selection to only some of such post”, court said.
Court further added that petitioners admittedly did not participate in the selection process and the selection process itself was not initiated pursuant to the advertisement notice. “Petitioners case is bereft of any merit. Merely because petitioners responded or proposed to respond to earlier advertisement notice or were eligible for the advertised posts under unamended rules would not give petitioners a right to insist that they be considered on the basis of unamended rules”, court said.
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