Research › Search › Judgment

J&K High Court · body

2008 DIGILAW 183 (JK)

Meenakshi Sharma v. State

2008-05-13

Y.P.NARGOTRA

body2008
The petitioners participated in the selection process under the Open Category for selection of the candidates for J&K Combined Services (Mains) Examination as per SRO 161 of 1995 carried out by the Public Service Commission. Admittedly, the petitioners successfully qualified the preliminary test and, thereafter, competed in the Mains Examination. Since the petitioners could not make the grade in the Open Merit Category, therefore, they were not called for interview. Being aggrieved of non-summoning for the interview, the petitioners have filed the instant writ petitions for claiming the following reliefs: i. Writ of mandamus so as to direct and command the respondents to consider the petitioners for viva-voce and for selection to the gazetted posts pursuant to the Combined Competitive Examination conducted by the J&K Public Service Commission. ii. Further writ of mandamus so as to direct and command the respondents to maintain parity between the direct recruits and the promotees by giving equal number of posts in the direct recruitment quota in accordance with Gazetted Service Recruitment of notified services. iii. Further writ of mandamus so as to command and direct the respondents to implement SRO 85 of 2001 in letter and spirit and calculate the number of vacancies which have accrued on account of promotion and retirement up to the year 2004 taking into consideration the last reference of post made by General Administration Department to the Public Service commission. The Public Service Commission vide Notification No.PSC/Exm-01/66 dated 28.12.2002 notified 122 vacancies in different categories for J&K Combined Services Competitive Examination. Thereafter, the Public Service Commission in supersession of earlier notification, again vide Notification No.PSC/EXM-02/9 dated 20.2.2002 invited applications from permanent residents of J&K State for the J&K Combined Services (Preliminary) Examination, 2002 for direct recruitment in different categories and, accordingly, the Commission carried out the selection process for 138 vacancies. Thereafter, the Public Service Commission in supersession of earlier notification, again vide Notification No.PSC/EXM-02/9 dated 20.2.2002 invited applications from permanent residents of J&K State for the J&K Combined Services (Preliminary) Examination, 2002 for direct recruitment in different categories and, accordingly, the Commission carried out the selection process for 138 vacancies. SRO 85 of 2001 dated 13.3.2001 defines the vacancies as occurring in SRO 161 dated 17.7.1995 under which the Commission was conducting the exam in the following manner: (I) for clause (a) of rule 2 the following shall be substituted, namely:- "(a) `vacancies mean the vacancies available in the Junior Scale of the Jammu and Kashmir Administrative Service and in direct recruitment quota of the services mentioned at serial No.(ii) to (xviii) of rule 1 to be filled on the result of Combined Competitive Examination and shall include vacancies likely to become available in the next 12 months from the date of reference to the Commission on account of retirement or promotion." Mr. Siddiqui, learned counsel for petitioners, submits that the vacancies which were to fall vacant and which had already fallen vacant on account of retirement of officers have not been notified nor requisitioned to the Public Service Commission by the State Government. Further, in terms of said SRO, Rule 10(A) has been incorporated, which prescribes: (II) after rule 10 and said before rule 11 the following shall be inserted, namely:- "10-A. The Commission shall also finalize a `waiting list, equal to 25% of the posts advertised, if so requested by the Government, also reflecting the pattern of reservation. The waiting list shall remain in force for a period of 12 months to be extendable by the Commission, if necessary, for further 6 months. The candidates from the waiting list will be appointed against the vacancies which become available after exhausting the merit list owing to failure of the selected candidates to join and shall be allotted to the various services on the basis of merit-cum-preference viz-a-viz candidates in the merit list already appointed." Mr. Siddiqui submits that the Commission did not prepare the wait list of candidates competing for the posts under Combined Services and, therefore, right of petitioners to figure in the said select list has been violated. He further submits that since the petitioners had not been called for interview, therefore, he is not pressing for inclusion of the names of petitioners in the wait list. He further submits that since the petitioners had not been called for interview, therefore, he is not pressing for inclusion of the names of petitioners in the wait list. So far as the question of non-inclusion of certain vacancies in the notification by the Public Service Commission is concerned, the petitioners have no right to agitate against that. It is the discretion of the Government to requisition as many posts to the Commission as it desires to fill up. No candidate can have any right to insist that the Government should refer all the posts available with it. It is the prerogative of the employer to fill or not to fill up the posts. The contention of Mr. Siddiqui that if the number of vacancies had been more, the petitioners would have a fair chance of being short-listed for the interview has no merit. The Commission was to notify only those vacancies which the Government had requisitioned to it and the petitioners had to compete with all other eligible candidates for the said vacancies. If they could not make the grade, they cannot validly raise the grievance against their non-summoning for the interview. In view of the above, there is no merit in the writ petition. It is as such dismissed along with the connected CMPs. Interim direction, if any, shall stand vacated.