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Judgment
JUSTICE RITU TAGORE, MEMBER [JUDL.]
Through the medium of the instant Original Application, the applicant is seeking directions upon the respondents to consider and initiate the process of appointment of the applicant and, accordingly, appoint the applicant against the available/existing vacancy under the Open Merit Category for the post of “Urdu Teacher” (School Education Department), District Cadre Anantnag, consequent to the revalidation/operation of the wait list dated 07.03.2019, for the reason that the applicant stands elevated to Serial No. 01 in the said wait list, as released by the Secretary, JKSSB, vide No. SSB/Secy/Sel/53/2019/1565-71 dated 07.03.2019.
It is stated in the O.A. that the applicant is currently placed at Serial No. 01 in the Wait List (Open Merit Category) for the post of “Urdu Teacher” (School Education Department), District Cadre Anantnag, pursuant to Advertisement Notification No. 06/2017 dated 28.12.2017, issued by the Jammu & Kashmir Services Selection Board (JKSSB), and the Selection List, accompanied by a wait list, released by the Secretary, JKSSB, vide No. SSB/Secy/Sel/53/2019/1565-71 dated 07.03.2019.
It is further stated that out of the thirty-two (32) posts of Urdu Teacher advertised for District Anantnag, the applicant, originally figuring at Serial No. 05 of the waiting list, was elevated to Serial No. 01 upon operationalization of the waiting list vide Order No. 822-DSEK of 2019 dated 25.11.2019.
It is pertinent to mention that the Respondent No. 2, vide Notification No. 02-DSEK of 2026 dated 20.06.2026, has revalidated and operationalized the said waiting list dated 07.03.2019. Further, respondent No. 2, vide Order No. 264-DSEK of 2026 dated 20.07.2026, has appointed some candidates as “General/Science/Math/Urdu” Teachers from the said wait list dated 07.03.2019, whose earlier representation seeking operation of the wait list was rejected by the respondents themselves by holding that the select/wait list had lost its validity of one year.
Therefore, the learned counsel for the applicant submits that the acts of the respondents clearly reflect that the said select/wait list dated 07.03.2019 is still alive and operational as on date. Thus, the applicant’s plea seeking appointment against the existing/available vacancy for the post of Urdu Teacher (School Education Department), District Cadre Anantnag, is wholly lawful and justified in the eyes of law. Hence, the instant Original Application seeking appointment before this Hon’ble Tribunal.
Through the medium of the instant petition the petitioner seeks for the following reliefs-
a)Direct the respondents to consider and initiate the process of appointment of the applicant, and accordingly appoint the applicant against the available/existing vacancy under the Open Merit Category for the post of Urdu Teacher (School Education Department), District Anantnag, as advertised vide Notification No. 06/2017 dated 28.12.2017 consequent to the revalidation/operation of the wait list dated 17-03-2019 for the reason that the Applicant figures at Serial No. 01 in the revalidated/operational wait list released vide No. SSB/Secy/Sel/53/2019/1565-71 dated 07.03.2019;
b)Any other relief, which this Hon'ble Tribunal in the facts and circumstances of the case deems fit and proper may also kindly be passed in favour of the Applicant.
Learned counsel for the applicant argued the matter at length and submitted that the applicant would be satisfied if the present O.A. is treated as a representation and the respondents are directed to consider and decide the same within a stipulated time frame, in light of the averments made therein, along with the documents annexed and the law applicable in the instant case.
Learned counsel for the respondents, Mr. Syed Musaib, DAG, vice Mr. Satinder Singh, AAG, submits that, without prejudice to their rights and contentions, the respondents have no objection if the present O.A. is treated as a representation and is disposed of in terms of the submissions advanced on behalf of the petitioner.
Heard learned counsel for the parties.
Learned counsel for the parties are ad idem that the present O.A. may be disposed of at this stage by treating the same as a representation.
Accordingly, without expressing any opinion on the merits of the case, the present O.A. is disposed of with a direction to respondents to treat this O.A. as representation and to accord due consideration to the assertions and the claim of the applicant, made therein, in light of the law holding the field and subject to the entitlement and eligibility of the applicant and subject to availability of the post of Urdu Teacher under Open Merit Category, as well as other applicable conditions and rules and regulations. Further, if there is no impediment. Respondents shall also take into consideration the documents annexed with the O.A. while according such consideration.
The said exercise shall be completed within a period of eight (08) weeks from the date of receipt of a copy of this order, by passing a comprehensive reasoned, speaking, and detailed order.
It is clarified that this Tribunal has not expressed any opinion on the merits of the claims or contentions raised by either side. All questions of fact and law are left open to be considered by the competent authority, in accordance with law.
Accordingly, O.A. No. 955/2026 is disposed of along with the connected M.As., if any, parties are to bear their own costs.
Consign the file to the Record Room, after due compliance.