Srinagar: The Central Administrative Tribunal (CAT) has ordered the concerned authorities to not fill up any vacant post in the open merit (OM) category if unfilled so far in the select-list of the recently declared result of the J&K combined competitive examination.
Members of the Tribunal while hearing the case Anshika Vs J&K General Administrative Department ordered “in case, there is any post vacant in the O.M. category and the same is unfilled as on date, the same shall not be filled up”.
Passing their order, members M S Latif and Prasant Kumar made it clear that the respondents will without fail submit their detailed response on or before the next date of hearing.
The applicant Anshika through advocate Mehrajuddin Sofi with M Ibrahim Meraj had prayed a direction “to hold and declare the act of non-inclusion of two un-filled posts in open merit in the recently declared selection list of J&K Combined Competitive Examination as illegal, arbitrary, unfair, discriminatory action and nullity and nonest in the eyes of law”.
She petitioned of being “illegally, arbitrarily, unfairly, left out of the final selection list dated 29.10.2024 despite being in the merit list, for selection to J&K Combined Competitive Examination-2023 in the open merit for the two un-filled posts” and prayed for a direction “to be filled by her under open merit and consequently she be allowed to take part in medical examination and further appointment”.
The facts of the case as projected in the petition are that the respondents General Administrative Department (GAD) and Public Service Commission (PSC) issued a notification No.12- PSC (DR-P) of 2023 and invited application for 75 posts of J&K Combined Competitive Examinations out of which, 38 posts were marked for open merit.
The petitioner qualified in the open merit. The PSC on October 29, 2024 declared the result of the candidates who appeared in the interview and also notified their aggregate marks. However, it recommended only 71 candidates for medical examination.
Counsel for the petitioner submits that the petitioner figured at serial number 36 of the notification. But non-declaration of the two seats out of 38 open merit category has left her excluded from the main select list.
The counsel submitted “there are two posts which have been left vacant without any justifiable explanation when otherwise the PSC was under an obligation to fill the posts in the open merit category”.
He further submitted “PSC in a clandestine and in an arbitrary manner have not disclosed, as to why, these two posts have been withheld from the selection in the O.M. category. This is contrary to the said advertisement notification”.
The Tribunal observed “prima facie, at this stage, this court cannot come to conclusion as to whether the petitioner has made her position in the O.M. category as the last candidate or not, unless the respondents file their detailed response.”
It issued notice to the concerned respondents, which was accepted by their counsels Shah Aamir along with Rais ud Din Ganaie.
Meanwhile, without commenting upon the main merits or otherwise of the case, the Tribunal said “prima facie, in order to protect the subject matter of list and till the next date of hearing it is ordered that, in case, there is any post vacant in the O.M. category and the same is unfilled as on date, the same shall not be filled up. However, it is made clear that the respondents will without fail submit their detailed response on or before the next date of hearing.”
