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High CourtsSingle Bench(2019) 12 J&K CK 0031

Sheikh Muzaffar Ahmad And Others vs Jammu And Kashmir And Others

Jammu And Kashmir High Court · Decided on 11 December 2019

HON’BLE JUDGES
Sanjeev Kumar, J
RESULT
Disposed Of
CASE NUMBER
Service Writ Petition (SWP) No. 151 Of 2019, Writ Petition (C) No. 247 Of 2019, CM No. 01, 547 Of 2019

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Judgment

7 paragraphs · 382 words

Sanjeev Kumar, J

1.

The selection of Constable (Operators) made by respondents in terms of Advertisement Notification dated 09.03.2007 was subject matter of challenge in SWP No.1352/2010 titled Sheikh Muzaffar Ahmad & Ors Vs. State & Ors, clubbed with other matters. A Bench of this Court vide judgment dated 09.05.2014 quashed the whole selection and directed the respondents to re-frame the select list at State level on the basis of merit secured by the candidates who had participated in the selection process, having due regard to the J&K Reservation Act, 2004 and the Rules framed thereunder.

2.

The aforesaid judgment attained finality and in compliance thereto, respondent-Director General of Police (DGP) vide order No. 211 of 2017 dated 19.01.2017 re-framed the Select List for the post of Constable (Operators) at State level, in which as many as 642 candidates were selected under the Open Merit category and 127 candidates were placed in the Wait List.

3.

Learned counsel for petitioners states that the names of petitioners figure in the Wait List (Open Merit) at serial nos.76, 80, 85, 92, 108, 113 & 124. The grievance projected in this petition is that despite the fact that the Wait List of the Open Merit category was prepared along with Select List and several candidates selected in the Open Merit failed to join their services, the Wait List has not been operated. He, therefore, submits that this petition can be disposed of by directing the respondents to operate the Wait List against the vacancies of Constable (Operators) that have fallen vacant due to non-joining of selected candidates.

4.

Having heard learned counsel for the parties and perused the record, I am of the view that having regard to the grievance projected by the petitioners, this petition can be disposed of by directing the respondents to operate the Wait List of the Open Merit category candidates against the posts of Constable (Operators) that have remained unfilled due to non-joining of the selected candidates, provided the same has not been already operated and is still alive. Ordered accordingly.

6.

Let a decision in this regard be taken by the respondents within a period of eight weeks from the date certified copy of this order is served upon them.

7.

Disposed of as above along with connected CM(s).