JAMMU, June 4: High Court today held that posts which fall vacant on account of death or resignation of the selected candidate are required to be treated as fresh vacancies to be filled up by following the process of selection to be initiated by issuance of fresh notification.
Justice Sanjeev Kumar has further held that the candidates in the wait list cannot lay any claim on such posts as wait list does not provide a perennial source of recruitment to be operated upon fill the future vacancies including the vacancies that become available due to death or resignation of the selected/appointed candidates.
This significant judgment has been passed in a petition filed by Dr Arti Khurana submitting that Public Service Commission vide its Notice No.46-PSC(DR-P) of 2012 dated 01.08.2012 invited applications from eligible candidates for the post of Lecturer Radio Diagnosis in Government Medical College, Jammu.
The petitioner applied under the open category and on conclusion of the selection process, a general merit list was issued in which the name of the petitioner figured at Serial No.3. Since the advertised posts were two in the aforesaid discipline, as such, two candidates, namely, Nitin Vermani and Rohit Sharma came to be selected in open merit category.
Consequently, the appointments in their favour were issued and both the candidates joined. The petitioner being at Serial No.3 of the merit panel was placed at Serial No.1 of the wait-list and the grouse of the petitioner was that though the wait-list was still valid and the vacancy had arisen due to resignation of Dr Nitin Vermani yet the respondents did not appoint the petitioner.
The petitioner approached the court by way of SWP No.2698/2013 which was disposed of with the direction to the respondents to consider the case of the petitioner. In compliance to the direction issued by the court, claim of the petitioner was considered and rejected by respondent No.4 vide order dated 16.02.2015 declaring that the claim of the petitioner was not sustainable in view of Rule 57 of the Jammu & Kashmir Public Service Commissioner (Business and Procedure) Rules, 1980.
It was also submitted that in similar set of circumstances respondent No.1 had operated the wait-list by supplying vacancy arisen due to resignation of a selected/appointed candidate.