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| Landmark High Court ruling sets precedent for recruitment process | | | Early Times Report
JAMMU, Jan 4: In a groundbreaking decision, the Jammu & Kashmir and Ladakh High Court, led by Chief Justice N Kotishwar Singh and Justice Rajesh Sekhri, has clarified the dynamics of the recruitment process, emphasizing the absence of a vested right for individuals in claiming consideration for specific advertised posts until the entire recruitment process is concluded.
The court's ruling, issued on January 4, 2024, highlights the absence of a year-wise vacancy concept in direct recruitment, contrasting it with promotions. It underscores that if the recruitment process for advertised posts is not initiated or completed, and new posts are subsequently advertised, all individuals meeting the eligibility criteria at that time are entitled to apply. The verdict firmly establishes that direct recruitment posts must be open to all eligible candidates when advertised, eliminating the possibility of reservations for specific groups.
The specific case in question pertains to the posts of Naib Tehsildar in Jammu & Kashmir, where the court found that the seniority list prepared based on advertisement-wise vacancies violated relevant service rules. Consequently, the court quashed the list and ordered a review for potential promotions to the position of Tehsildars.
The court's ruling stresses the importance of determining seniority based on the merit position obtained by candidates in a common competitive examination. It directs a timely review process to avoid complications and orders that individuals previously promoted as Tehsildars maintain their positions, with adjustments in seniority as per the recommendations of the Review Departmental Promotion Committee.
This landmark decision is expected to have far-reaching implications for recruitment processes, setting a precedent for fairness and transparency. The court's insistence on adhering to merit-based considerations in determining seniority is likely to influence future practices in public sector recruitments, ensuring a level playing field for all eligible candidates. |
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