Underscoring that the object of preparing selection list along with waiting list is to ensure all requisitioned vacancies are utilized, the High Court on Wednesday directed government to operate the waiting list of Junior Engineers (Civil) against those vacant posts, which have become available within one year from the date when the recommendation for appointment was made by the Service Selection Board to the State Government.
The Service Selection Board vide notification No 02 of 2014 dated 30.12.2014, had invited applications for 133 posts Junior Engineer (Civil).
"The object and purpose to prepare the selection list along with wait list is to ensure that all the requisitioned vacancies are utilized by making available the selected candidates to extract work from them in the public interest. The Government should have on their own accepted the plea of the petitioners, who are qualified and selected Junior Engineers, though in wait list by making their appointments against the "drop out vacancies" without compelling them to approach this Court," a bench of Justice Ali Mohammad Magrey said, while disposing of a petition.
The aggrieved candidates had submitted that they are entitled to be appointed as Junior Engineers against the vacancies, which have become available consequent to the resignation of 24 Junior Engineers, which vacancies have become available within the life of the select list, period of which has otherwise been extended by Court.
The court said if the approach adopted by the Government by denying the petitioners right of consideration for appointment is accepted, it may delay utilizing the posts of Junior Engineers (Civil) for further years and in turn the public will suffer.
"What is bad about utilizing the vacancies by appointing the petitioners for the public good with reference to avoiding delay in making selection and appointment, normally it takes years together for making selection and appointment against the public post."
The court held that in the instant case, the process initiated in the year 2014 for filling up the posts of Junior Engineer (Civil) against the 133 posts of Junior Engineers (Civil) has taken two long years for the SSB and the Government to make appointments against these posts.
" In practical 25 posts remained vacant for the last about four years, therefore, the decision of the Government with reference to denying the benefit to the petitioners, as claimed is tested in the judicial scrutiny being not reasonable," the court said.
Observing that the decision of the Government should always be fair and in the interest of public, the court directed the government to operate the waiting list of Junior Engineers (Civil) against those vacant posts, which have become available within the period of one year from the date when the recommendation for appointment was made by the Service Selection Board to the State Government.