J&K: CAT orders appointment of candidate after 13 years, imposes Rs 10,000 costs on JKSSB

J&K: CAT orders appointment of candidate after 13 years, imposes Rs 10,000 costs on JKSSB
A Division Bench comprising M S Latif, Member (J), and Prasant Kumar, Member (A), also warned SSB against changing the selection criteria midway, even as it asked the recruiting agency to remain more cautious in future

Jammu Kasbmir, Dec 9: The Central Administrative Tribunal (CAT) in Srinagar Monday imposed costs of Rs 10,000 on the J&K Service Selection Board (JKSSB) while allowing a plea by the candidate from Budgam who was aggrieved by the selection of two candidates for the post of Library Assistant as one post of OM category was converted into RBA category by the board.

A Division Bench comprising M S Latif, Member (J), and Prasant Kumar, Member (A), also warned SSB against changing the selection criteria midway, even as it asked the recruiting agency to remain more cautious in future.

The tribunal issued the directions in response to a plea by Afiya Amin who had petitioned the High Court in 2011 and her plea was transferred to CAT Jammu Bench in 2020.

Subsequently, the petition was transferred to the CAT bench of Srinagar on November 30, 2021.

In her plea, Afiya claimed that she was entitled to 60 points without viva voce marks as compared to the other two candidates, one selected in the OM and RBA category securing 58.48 points and the other under the RBA category securing 53.74 points.

The aggrieved candidate contended that against the two advertised posts of Library Assistant in the district cadre Budgam, one each for OM and RBA, both the selected and appointed candidates belonged to the RBA category by setting aside all norms and guidelines of JKSSB.

Her further contention was that SSB had no power or authority to change the quota of selection, OM or RBA, at their own will.

She sought to scrap the selection of the two candidates and their subsequent appointment orders that were issued on January 27, 2011.

“We are of the view that the respondents not only changed the selection criteria midway but they also changed the category from Open Merit to RBA without assigning any reasons and without notifying the same,” the bench said. “We feel it expedient to direct the respondents to be more cautious in future and immediately do away with the practice, if still prevailing, of changing the criteria of appointments midway, as has been done in the instant case, in the interest of justice and in the interest of all candidates who appear in the competitive examinations expecting fairness and level playing field for all candidates from J&K Service Selection Board, which is a premier recruiting agency in non-gazetted category for the Union Territory of Jammu and Kashmir.”

Allowing Afiya’s petition, the CAT ordered that she should be appointed to an available post of the Library Assistant in the Education Department, district Budgam and in consequence of the orders of the High Court of Jammu and Kashmir dated June 9, 2016, vide which the court had ordered to not fill up one post of Library Assistant in district Budgam.

However, the tribunal held that the petitioner would not be entitled to any back wages.

“However, she will be entitled to all other consequential benefits accrued to her during the intervening period as if she was in service for the said period,” the court said. “The CAT expects that the authorities would do the needful expeditiously, within six weeks positively.”

The tribunal underscored that in the facts and circumstances of the case, exemplary costs of Rs 10,000 are imposed on the respondents and ordered that the amount be paid to the petitioner within six weeks.
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