Selection Against 2020 Advertisement Notice | Court asks SKIMS to issue appointment orders

 J&K High Court, Srinagar
J&K High Court, SrinagarMubashir Khan/GK File

Srinagar, July 13: A court here has asked authorities of SKIMS Soura to issue formal orders of appointment in favour of candidates selected by the Selection Committee of the tertiary care hospital by virtue of an advertisement notification issued two years ago.

The court also restrained SKIMS, an autonomous body, from withdrawing the posts which were advertised through notice (No.03/2020) on 26 June 2020 and referring the same to JKSSRB.

At least six candidates had filed a petition before the civil court through advocate Sajad Ahmad Mir and challenged SKIMS authorities’ decision against issuance of the formal appointment orders despite the fact that they were formally declared selected after obtaining the highest merit.

After hearing the counsel for the parties, the court of Judge Small Causes Srinagar, Fayaz Ahmad Qureshi, rejected the main contention of the SKIMS that the selection was “inconclusive” and was such covered under the decision by Administrative Council headed by Lieutenant Governor by virtue of which all the posts in which selection process has not been completed were withdrawn from the recruitment agency of Junior/Senior selection committee and same referred to Jammu and Kashmir Services Selection Board (JKSSRB).

“There is no doubt that no one has a right to be appointed against any post even if such person is selected but there must be strong valid and legal reasons to truncate the selection process or change the selection agency,” the court said, underlining that no authority has any absolute powers to behave “irresponsibly against the well settled norms.”

“The Administrative Council decision which is general in its nature is binding on SKIMS Soura but still it will not be applied to the instant case because selection process is almost complete and only issuance of formal selection list on the basis of publically declared result has to be issued,” the court said.

Earlier advocate Mir, the counsel representing plaintiff (agrieved candidates) had argued that SKIMS Soura being an autonomous body has its own rules and norms for selection. For the selection purpose, he said, two committees for different cadres of posts such as Gazetted and NonGazetted were constituted. “The Junior Selection Committee carried the process of selection of the candidates and after completing all the formalities declared the results but thereafter the SKIMS authorities for certain extraneous considerations delayed the issuance of selection list including the appointment orders of successful candidates,” he said.

While he contended that all eligible candidates including the plaintiff were called for prescribed examination which was conducted and result declared, he said : “The plaintiffs scored the highest point entitling them for being appointed and the plaintiffs have legitimate expectation as granted to them under Articles 14 of the Constitution for being appointed because they have participated in the fair selection process and scored the highest marks which is the prescribed criteria for their appointment”.

He argued that the “SKIMS authorities have no right to truncate the selection process illegally to defeat the fundamental rights of legitimate expectation granted by Article 14 of the Constitution which strikes at arbitrariness and capricious approach of the authorities at the helm of affairs”.

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