Posts Vacant Due To Death To Be Treated Fresh Vacancies: HC

SRINAGAR — The Jammu and Kashmir high court has said The posts which fall vacant on account of death or resignation of the selected candidate are required to be treated as fresh vacancies.

Dismissing a plea, the court said that the post be filled up by following the process of selection to be initiated by issuance of fresh notification. "The candidates in the wait list cannot lay any claim on such posts. As is rightly said, wait list does not provide a perennial source of recruitment to be operated upon to fill the future vacancies including the vacancies that become available due to death or resignation of the selected or appointed candidates,” a bench of Justice Sanjeev Kumar said.


The Jammu and Kashmir Public Service Commission vide its notification No.09-PSC(DR-P) of 2016 dated 19.03.2016 had invited applications for selection to the post of Lecturer in various disciplines in the School Education Department of the State. The petitioner— Velayat Ali— applied for the post of Lecturer (Botany) under Scheduled Tribe category. The PSC after concluding the selection process issued a select list for the post of 10+2 Lecturer (Botany) in the School Education Department vide notification No.43-PSC (DR-S) of 2017 dated 04.08.2017. As was apparent from the select list, Velayat could not make it to the select list but was placed at serial No.1 in the wait list of Scheduled Tribe category. “In the Scheduled Tribe category in as many as 12 persons came to be selected.” Pursuant to the recommendations made by the Public Service Commission, appointment orders in favour of all the selected candidates were issued by respondent No.1 vide Government Order No.704-Edu of 2017 dated 03.10.2017.

The petitioner had stated that the candidate figuring at serial No.1 in the category of Scheduled Tribe, namely, Shailender Kumar who upon his appointment had joined at Higher Secondary School, Kathera, Kathua on 17.01.2018 came to be subsequently selected as Assistant Professor in Botany in the Higher Education Department and was formally appointed by respondent No.1 vide Govt. Order No.208-HE of 2018 dated 23.03.2018. He stated that upon his appointment as Assistant Professor, Shailender

Kumar who was figuring at serial No.1 of the select list of Scheduled Tribe category resigned from his post and, therefore, the petitioner being at serial No.1 of the wait list under Scheduled Tribe category became entitled to be appointed in his place. 


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