Srinagar, Oct 29: The High Court today quashed the selection list of Drug Inspectors and directed the authorities to conduct a fresh interview for the posts with the condition to allow the previously selected candidates to continue on duty in order to avoid any administrative problem.
The Advertisement Notice No.03 of 2008 dated 5th May 2008 was issued by J&K Services Selection Board, inviting applications, amongst others, for selection to the 72 posts of Drug Inspectors and after process the Select List was published in September 2009 and recommended 64 candidates for appointment as Drug Inspectors which came to be challenged in a number of writ petitions before the court.
“The respondent Board is at liberty to constitute a Selection Committee to conduct a fresh interview of all the candidates who have appeared before it in accordance with law for selection against the posts advertised. It is made clear that no post or vacancy which had not been advertised by the aforesaid advertisement will be filled up by the said selection process. The said exercise, if undertaken shall be completed within a period of six months”, Division Bench of Chief Justice Pankaj Mithal and Justice V C Koul directed.
Court opined that the select list was not properly drawn as there was nothing on record to indicate that the members of the selection committee had made the assessment of the candidates individually.
Court said, the final award roll reflecting the performance of the candidates in viva voce and points secured on the basis of the merit in eligibility qualification as well as extra weightage granted for additional qualification is also not in accordance with the norms.
“Therefore, the selection process does not conform to the prescribed procedure. Having noted the finding and that some of the candidates have been arbitrarily awarded extra weightage without there being on record any material to show that they possessed post graduate degree for grant of such extra marks”, court added.
The selection process pursuant to the Advertisement Notice No. 03 of 2008 dated 5th May 2008 was completed with the publication of the select list and the joining of the selected candidates. Court said, thus, no further appointments could be given on the basis of the said selection against the clear vacancies that may have occurred subsequently.
All subsequent vacancies, court said, are to be filled up from open market afresh and in case they are allowed to be filled up by the candidates of the earlier selection, it would certainly infringe upon the rights of the candidates who would have applied against the said vacancies if they were advertised afresh.
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