SrinagarObserving that rules cant be changed by the recruiting agency after the start of selection process, the Jammu and Kashmir High Court has quashed a selection list issued by J&K Service Selection Board in 2013.
The SSB had issued an advertisement (notice No.04 of 2013) on 23 February 2013, inviting applications from eligible candidates for selection against a number of posts including Technician-III for various districts to be appointed in Power Development Department. The Prescribed qualification was Matric with ITI in relevant trade.
Eligible aspiring candidates including petitioners and private respondents (selected), applied.
The SSB issued list of disqualified candidates in which petitioners did not figure. Thus, they were called for written test. They sat in written test and were declared successful.
Subsequently, they were called for interview but did not find place in select list with SSB ruling that they do not possess minimum prescribed qualification reflected in the advertisement notice.
Was it open for respondents (SSB) to exclude the candidates (petitioners) after process of selection was set in motion and after petitioners were subjected to written test as well as interview? a single bench of Justice Tashi Rabstan said, adding, answer thereto is always in negative.
The court said that the merit, secured by petitioners carries a weight to earn consideration and the SSB was not justified in changing the rules after the selection process begun.
It may not be out of place to mention here that disqualification list was issued by Board. Petitioners do not figure therein. The reason for not having figured in the list of disqualified candidates is that petitioners were found eligible, therefore, allowed to partake in selection process. After partaking in the process of selection, respondent Board cannot be heard saying that petitioners are not eligible to be considered for selection against the post in question, the court said and and disposed of the petitions by quashing the select lists.
As a consequence, respondent Board 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. The respondent department, on receipt of fresh recommendations, proceed in the matter and offer appointment to recommended candidates, the court said and asked the Board to undertake and conclude the exercise of reframing the select list within three weeks.
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