State Of JK And Ors vs Farooq Ahmad Ganie And Ors

This is an appeal under Clause 12 of the Letters Patent directed against the Judgment dated 6th August, 2015, passed by learned Single Judge (“Writ Court”) in SWP No. 1557/2012, whereby the appellants/respondents have been directed to consider the respondent-Farooq Ahmad Ganaie for appointment being a next meritorious candidate available for the post of General Line Teacher, District Bandipora.

The impugned Judgment of Writ Court is assailed by the appellants, primarily, on the ground that in terms of Government Order No. 185-Edu of 2011 dated 14th March, 20211, candidates in the wait list up to Serial No. 20, were directed to be appointed and the respondent being at Serial No. 21 of the wait list could not be accommodated as there was no more post of General Line Teacher from the selection available.

Having heard learned counsel for the parties and perused the record, we find no legal infirmity or illegality in the Judgment of the Writ Court, which may persuade us to interfere in this appeal. Admittedly, the select list of General Line Teachers for District Bandipora, prepared pursuant to the selection conducted vide Notification No. 01 of 2008 dated 22.04.2008, was accompanied by a wait list also. The respondent was at Serial No. 21 of the wait list. The Government by way of a policy decision reflected in Government Order No. 185-Edu of 2011 dated 14th March, 2011, decided to operate the wait list to supply the available vacancies as one time dispensation and pursuant to the aforesaid decision the wait list upto Serial No. 20 was operated. The last candidate, who was recommended to be appointed, was Mohammad Munzoor-ul-Haq. He, admittedly, did not accept the appointment for which he was already appointed somewhere else. The respondent being the candidate next in the order of merit was, thus, entitled to be appointed. When he was not given appointment on the ground that the wait list was to be exhausted only up to Serial No. 20, he approached the Writ Court by way of SWP No. 1557/2012, which writ petition has been allowed by the Writ Court and the respondent has been held entitled for appointment in place of Mohammad Manzoor-ul-Haq being twentieth candidate in the wait list operated.

We have gone through the Judgment and we find that the Writ Court has rightly allowed the writ petition of the respondent, who in the absence of Mohammad Manzoor-al-Haq was to be treated at Serial No. 20 in the wait list. As above stated, the candidate figuring at Serial No. 20, namely, Mohammad Manzoor-ul-Haq had joined some other appointment and had declined to accept the appointment for the post of General Line Teacher. The appellants instead of keeping post vacant ought to have offered it to the candidate next in the order of merit i.e., respondent. The Writ Court has, thus, rightly concluded that the respondent was a candidate to be appointed in place of Mohammad Manzoor-ul-Haq in terms of Government Order No. 185-Edu of 2011 dated 14th March, 2011.

For the foregoing reasons, we find no merit in this appeal and the same is, accordingly, dismissed.