Sound Logic Predicated In Waiting Lists, Save Public Exchequer From Incurring Unnecessary Expense For Post Already Advertised: J&K&L High Court

The observations were made by Justice Moksha Kazmi Khajuria while hearing a plea in terms of which the petitioners had challenged the orders whereby the engagement of the petitioners as Rehbar-e-Khel in District Baramulla, Kupwara and Shopian under wait list/panel, had been cancelled void ab-initio and the respective Zonal Physical Education Officer/ headmaster(s) had been directed to strike off the names of the petitioners from the attendance register.

Perusal of the record revealed that petitioners participated in the selection process for the post of Rehbar-e-Khel and found their place in the wait list prepared by the respondents. Few selected candidates opted not to join and accordingly, the petitioners who were figuring in the wait list were engaged as Rehbar-e-Khel in place of the candidates who chose not to join. Record also revealed that the petitioners joined their duties and while discharging their duties as such, a show-cause notice which was followed by disengagement orders.

The petitioners in their plea challenged the orders inter alia on the ground that the petitioners, being fully eligible, were selected after the operation of the waiting list by the competent authority i.e., respondent no. 3 against the vacancies which remained unfilled due to non-joining of the selected candidates.

Adjudicating upon the matter Justice Kazmi observed that the waiting list is formulated for the purpose of meeting out the emergent situation arising on account of non-joining of candidates of the select list and the persons placed below in the merit of the aforesaid select list though otherwise found fit for selection and appointment, their names be placed in the waiting list. The candidates of such waiting list may be pushed up for appointment only against those vacancies which may have arisen due to non-joining of the candidates of select list and therefore, the contention of the respondents that the petitioners who figured in waiting list are not entitled to be engaged as Rehbar-e-Khel against the vacancies caused due to the non-joining of the selected candidates and the Chairman of the Selection Committee, had wrongly engaged the petitioners by operating the wait list, is not sustainable in the eyes of law, the bench underscored.

Dealing with the contention of the respondents that as per the Policy for engagement of Rehbar-e-Khel, more particularly its clause XIII, there was no scope for framing a wait list and operating the same in the selection process in question, the bench observed, that the perusal of said clause clearly suggests that if a vacancy is caused due to any reason that has to be advertised within one month.

"However, the expression 'vacancy caused due to any reason' used in the clause, in light of the judgements supra actually means the vacancies which were initially filled up and became available later on because of any subsequent development, but it will exclude the vacancies which have been caused due to non-joining of the selected candidates especially when the waiting list was duly prepared and operated by the competent authority", the bench explained

Expounding on the rationale behind securing a waiting list, Justice Kazmi observed that there is a sound logic predicated in the interest of the candidates figuring in the waiting list and the intention is not to hold any further selection for the post already advertised so as to save the public exchequer from the unnecessary expenditure. Additionally, it is subservient to the object of the Policy that provides for availability of a teacher in the school in the morning and evening hours and the petitioners have been engaged after facing the selection process and by operating the waiting list as approved by the competent authority and were discharging their duties when the impugned orders were issued against them, said the court.

Elaborating its mind further on the matter the bench recorded that it needs to be noticed here that a waiting list was made in terms of the policy for engagement for the post of Rehbar-e-Khel and it was operated by respondent no. 3 who was admittedly a competent authority to do so and therefore no fault of whatsoever nature is attributable to the petitioners, as such, they cannot be made to suffer for the inactions, if any, on the part of the respondents.

Revealing its mind on the contention of the respondents that the orders of engagement were issued inadvertently, the bench observed that the respondents cannot act as per their whims and caprice in a selection matter that involves the career of hundreds of youths.

"The respondents cannot frustrate the intention behind and purpose of preparation of select list/ waiting list. It is not a case where the respondents have stopped at framing the wait list saying that it has been framed inadvertently and shall be deemed to have been cancelled, they have gone beyond and made it effective and issued the orders of engagement also", the bench Court added.

Allowing the petition, the court quashed the impugned orders.

Case Title : Sajad Tariq and Ors Vs Com Secy Youth Service and Sports.

Citation : 2022 LiveLaw (JKL) 181

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