VIJAY KUMAR vs SERVICE SELECTION BOARD on 31 December 2024

O R D E R

Per Hon’ble Mr. Rajinder S Dogra, Member (J) The fact of the case in brief is that in response to the advertisement notice NO. 6 of 2008 issued on 28.5.2008, the applicant applied for the post of Male Multipurpose Health Worker. The respondents issued

provisional select list in daily newspaper dated 11.12.2010. In the select list respondent No.5 has been shown as selected in the Open Merit category and respondent No.4 has been shown as selected under RBA category. It is submitted by the applicant that his name is next in the merit list after respondent No.5 in the Open Merit category. The applicant has also submitted that he has undergone the course of Male Multipurpose Health Worker. It is further submitted that in the select list it was mentioned that if anybody has any objection, he can approach the Board within 20 days from the date of publication of the select list. Therefore, it is clear that on 30th December, 2012 the list attained finality so far as selection in different categories is concerned. The applicant has submitted that respondent No.5 has informed the respondents No. 1 & 2 that he does not want to join his duties as he is not interested in the job. Hence the applicant being next in number under the Open Merit category is eligible to get the appointment. The applicant has further submitted that the respondent No.2 is going to convert the post of the RBA category into the post of Open Merit category by appointing respondent No.4 under Open Merit category thus depriving the applicant from getting appointed. The respondents cannot change the final select list because the same has attained finality on 31.12.2010 and the respondents cannot change the selection of candidates from RBA to Open Merit category once the list has attained finality. The applicant has therefore sought for the following relief in the present TA :

“It is therefore prayed that in view of the submissions made hereinabove and many more to be argued, at the time of hearing, this Hon’ble Court may kindly be pleased to issue a writ of Mandamus commanding the respondents to select and appoint the applicant on the post of Male Multipurpose Health Worker in the Open Merit category vide advertisement No.6 of 2008 dated 29.5.2008, OR

Prayer for the grant of any other interim or final relief as may be deemed appropriate in the circumstances of the case.”

2. The respondents have filed their counter stating therein that the post of Male Multipurpose Health Worker in District Cadre Reasi is a selection post and the same has to be made in accordance with rules. The answering respondent submitted that they are only the appointing authority and they have only issued appointment orders to the duly selected candidates selected by the competent authority under the rules. It is further submitted that the selection in the present case is to be made by the J&K Service Selection Board. It is further submitted that the case of the applicant for selection to the post of Male Multipurpose Health Worker in the respective category in which he has applied was to be considered by the respondent No.2. The awarding of the marks for the performance in the interview had been done by the competent authority on the basis of the performance of the respective candidates. It is further submitted by the respondents that the applicant cannot claim as a right to be appointed to the post of Male Multipurpose Health Worker in District Cadre Reasi in contravention of rules. The respondents have therefore prayed for dismissal of the present TA being devoid of merit.

3. Heard learned counsel for both the parties and perused the materials available on record.

4. From the above discussions, it is seen that once the select list has attained finality on 30.12.2010 and after that the respondents cannot change the selection of candidates from RBA to Open Merit category. Moreover, only one person applied under RBA category and got selected i.e. respondent No.4. There is no one else in the RBA category. Now if the respondents shift the post from RBA to Open Merit category, then the post under RBA category will become vacant and will not serve the purpose of advertisement for filling up the post of Male Multipurpose Health Worker.

5. The TA is therefore allowed. The respondents are directed to issue appointment order to the applicant as Male Multipurpose Health Worker in Open Merit category as he is the next person on merit after respondent No.5 who has already informed the respondents that he does not want to join the duties as he is not interested in the job. The entire exercise be completed within three months from the date of receipt of the copy of this order. There shall be no order as to costs.

(RAM MOHAN JOHRI) (RAJINDER SINGH DOGRA)

MEMBER (A) MEMBER (J)

Indrani/PPS