Srinagar- The High Court of J&K and Ladakh has upheld a verdict by Central Administrative Tribunal (CAT) in July last year regarding withdrawing of 45 posts of Junior Physiotherapists despite recommendations by the J&K Service Selection Board in 2015.
The posts according to the government were inadvertently referred on 17 August 2015 by the Health and Medical Education Department to JKSSB and the latter proceeded with the recommendations despite being subsequently informed not to go ahead.
“The fundamental question that arises for consideration of this Court in the instant petition is as to what is the right of a candidate who competes in the selection process,” a bench of Justice Atul Sreedharan and Justice Javed Iqbal Wani.
“Law stands settled that mere selection does not confer any right of appointment on a selectee and that an employer has a right to abandon the selection process at any time, though, with a caveat that same should not be done arbitrarily without any reasonable and just cause,” the court said.
Keeping in mind the position of law and reverting back to the case in hand, the court said, it is not in dispute that Health and Medical Education Department after making a reference of 45 posts of Junior Physiotherapist on 17.08.2015 to the JKSSB had withdrawn the reference on 07.12.2015 on the premises that the reference had been made inadvertently by mistake. However, the court said, the JKSSB overlooked it and proceeded with the process of selection and consequently made the recommendation on 14.12.2017.
“It is also not in dispute that the official respondents have had upon coming to know the position initiated a proposal for creation of supernumerary posts for adjusting the selectees …against the said post which proposal, however, did not mature on account of the opinion furnished by the Department of Law, Justice and Parliamentary Affairs, having regard to the legitimacy of right of the selectees …., thus, resulting into issuance of communication dated 14.02.2018 impugned in the petition, filed by the petitioners and along with other co-petitioners and which came to be rejected by the Tribunal (CAT) in terms of the impugned order/judgment,” the court said, adding, “Admittedly in presence of the withdrawal of the reference by the Intending Department (H&MED) communicated to the Board (JKSSB), the Board have had no mandate in law to proceed ahead with the process of selection, thus the whole process of selection undertaken by the Board has been without any legal sanctity.” Subsequently, the court dismissed the petitions, challenging the CAT verdict.
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