Raki Sharma And Others vs Union Territory Of J&K And Others
2021 Latest Caselaw 1733 j&K

                                                                 Sr. No. 22

           HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                           AT JAMMU
CJ Court

Case: LPA No. 4 of 2021

 Raki Sharma and others
                                             ...Petitioner(s)/Appellant(s)

                                 Through: Sh. Ajay Abrol, Advocate
                                          Sh. Gagan Kohli, Advocate

              v/s
Union Territory of J&K and others                     .... Respondent(s)
                                  Through: Sh. K. D. S. Kotwal, Dy. AG

       CORAM:
       HON'BLE THE CHIEF JUSTICE
       HON'BLE MR. JUSTICE PUNEET GUPTA, JUDGE

                                       ORDER

1. Heard Sh. Ajay Abrol, Advocate and Sh. K.D.S Kotwal, learned Dy.

A.G learned counsel for the parties.

2. The appeal is directed against the order dated 10.11.2020 by which the

writ petition filed by the petitioners/appellants was dismissed in limine in the

light of the judgment and order dated 27.10.2020 passed in WP(C) No.

1638/2020 titled 'Ayjaz Chowdhary and ors. Vs. Union Territory of J&K and

others'.

3. The petitioners/appellants participated in the selection of Rehbar-e-Khel

for different zones of District Jammu. A select list was notified on 23.01.2019

and the names of the petitioners/appellants were shown at the top of the

waiting list of various zones. Since some of the candidates from those zones

declined to join, the names of the petitioners/appellants were recommended for

appointment. But unfortunately, the petitioners/appellants were not issued any

appointment letter, therefore, they preferred writ petition, which was dismissed

in limine on the basis of some earlier judgment, wherein an identical petition

was dismissed on the ground that the select list has been prepared about a year

and ten months back which is not the case in the present case.

4. The select list in the present case was issued on 24.01.2019 and the

names of the petitioners/appellants were recommended from the wait list for

joining vide order dated 22.04.2019. There is no dispute to the fact that the

names of the petitioners/appellants were on the top of the wait list of the

various zones and that their names were duly recommended on 22.04.2019 for

appointment as some of the selected candidates have not joined.

5. The only defence taken by the respondents is that there was no provision

for preparation of the wait list and that only the selected candidates alone were

to be appointed and in case any of the selected candidates failed to join the

vacancy was required to be re-advertised.

6. It is admitted to the parties that the scheme of appointment of Rehbar-e-

Khel nowhere specifically provides that while preparing the select list, waiting

list is not to be prepared. There is no prohibition in preparing the wait list.

Moreover, the respondents themselves have prepared the select list along with

the wait list and as such, they cannot, at this stage, resile from the same so as to

contend that the wait list was not legal or was not required to be prepared.

7. In view of the aforesaid facts and circumstances, as the

petitioners/appellants were on the top of the wait list of the various zones and

became entitled for appointment on non-joining of some of the candidates in

the select list and their names having been recommended for appointment, the

respondents cannot deny the petitioners/appellants the right to join.

Accordingly, the judgment and order of the learned single Judge dated

10.11.2020 is set aside and the writ petition in the nature of mandamus is

issued commanding the respondents to appoint the petitioners/appellants on the

posts of Rehbar-e-Khel as per the recommendation dated 22.04.2019 within a

period of six weeks from the date a copy of this order is produced before the

competent authority. The appeal as well as the writ petition stands allowed.

8. Disposed of.

                     (PUNEET GUPTA)                (PANKAJ MITHAL)
                         JUDGE                     CHIEF JUSTICE
Jammu
23.12.2021
Shammi