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Judgment
M.S. Latif, Member (J)
Through the medium of the instant O.A, the applicant has sought for the following reliefs:
a. Issue a direction to the Respondents to consider and appoint the applicant against the post of Medical Officer (Allopathic) arising due to non-joining of previously selected/waitlisted candidates, in accordance with the waiting list and S.O. 134, within the operative one-year period.
b. Direct the Respondents to act within a time-bound frame and ensure that no yacancy arising out of non-joining is left unfilled arbitrarily;
c. Direct the respondents to take decision on the representations filed by the applicant from time to time.
d. Grant such other order(s), direction(s), or relief(s) as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case in favour of applicant against the respondents.
Alongside the main reliefs, the applicant has also sought for interim relief:
Pending final decision in this OA, it is most humbly prayed that this Hon'ble Tribunal may be pleased to direct the Respondents to take decision on the representations filed by the applicant from time to time.
The facts emerging from the pleadings made in the O.A. are that the respondent Jammu and Kashmir Public Service Commission issued an advertisement notification no. 37-PSC (DR-P) of 2023 dated 10-08-2023 for filling up the post of Medical Officer (Allopathic). The applicant being eligible applied and competed for the post under Open Merit category.
It is stated in the O.A. that vide Govt. Order No. 749-JK (HME) of 2024 dated 08-11-2024, select list for the posts of Medical Officers (Allopathic) was issued whereby a total of 247 candidates were selected. Vide communication dated 19-07-2024, JKPSC also forwarded a wait list of 49 candidates against the post of Medical Officers (Allopathic). It is further stated that after scrutiny of antecedents and status of joining report, a vacancy of 40 candidates had emerged as such the department in terms of SO 134 issued a list to accommodate candidates from waiting list up to Sr. No. 40.
As stated in the O.A. and submitted by learned counsel for the applicant, six candidates from the original select list and four candidates were accommodated from the waiting list didn’t join as such ten vacancies arose. The applicant stated that he was at serial no. 48 and after joining of candidates from accommodated waiting list, he is at serial no. 8 as such seeks consideration for his appointment against the available vacancy in terms of SO 134. It is further added that the applicant approached the respondent department with the query, however, the department provided information that drop-outs from the waiting list would not be filled by the candidates that are downstream in the waiting list.
Learned counsel for the applicant submits that the action of respondents is arbitrary and violative of Article 14 and 16 of the Constitution of India as such the applicant has filed the O.A. She further submits that the applicant has moved various representations before the respondents, however, his grievances have not been redressed.
Heard learned counsel for the parties.
Accordingly, the O.A. is disposed of with a direction upon the respondents to treat this O.A. as representation along with all annexures and decide the same in accordance with law by passing a speaking and reasoned order keeping in view the merits of the applicant’s case and his entitlement. Needful be done with due dispatch preferably within a period of eight weeks from the date a copy of this order is served upon the respondents. Needless to mention that this Court has not expressed any opinion on merits or otherwise of the case.
Accordingly, O.A. No. 663/2025 is disposed of along with all connected M.A.s, if any.