Srinagar, May 17: The Central Administrative Tribunal (CAT) in Srinagar Friday directed the government not to fill up a post of Junior Grade Nurse under the Pahari Speaking Category against which a candidate had been selected by the J&K’s Service Selection Board (SSB) but no formal appointment order was issued in her favour by the government.
“In the absence of any record or reply submitted by the respondents (Health and Medical Education Department, SSB) prima facie, the case for indulgence at this stage is made out,” a bench of Member (J) M S Latif said in its order while seeking objections to the petition by one Tahira Akhter.
“Subject to objections of the other side, till the next date of hearing, it is ordered that the post on which the petitioner has been selected though not appointed in pursuance to Advertisement Notice No 02/2021 should not be filled up,” the tribunal said.
The petitioner contends that she applied for the Junior Grade Nurse under the Pahari Speaking Category in response to an advertisement notice dated March 26, 2021, issued by the SSB.
She competed in the selection process and vide order dated February 28, 2023, her name was recommended by the SSRB to the Health and Medical Education Department wherein she figured at aerial no 4 under the Pahari Speaking category.
Counsel representing the candidate submitted that despite having been selected, she was not appointed to reap the fruits of her selection.
According to the counsel, the non-consideration of the petitioner for her appointment is a report of the review committee meeting held on September 20, 2023, issued by SSP and Dy SP Headquarters for Special DG CID, J&K.
He submitted that the petitioner has a right in law to know why she has been deprived of her right of appointment once she had been selected by the competent authority in pursuance of her duly selection process.
Deputy Advocate General Bikram Deep Singh along with government advocate Waseem Gul submitted that it was only the intending department that had to assess the suitability of the candidate before issuance of the order of appointment.
“It is only based on the report from the CID that the appointment order of the petitioner could not be issued,” they said.
“True it is that selection does not confer any right of appointment but the petitioner has a right of consideration for her appointment as earned by her by her having competed in a duly constituted process of selection,” the tribunal said and ordered for reserving one post of Junior Grade Nurse under Pahari Speaking Category.
It listed the matter for further hearing on August 11.