ZOBIA BEGUM vs AZAD GOVERNMENT R — 2025 PLC(CS) 895 SUPREME-COURT-AZAD-KASHMIR

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ZOBIA BEGUM VS AZAD GOVERNMENT R. 13---Candidates on waiting list---Entitlement for appointment---Scope---Petitioners (candidates of waiting list), relying on official letter (letter), sought their posting against the quota of District Sudhnoti---Record revealed that the advertisements-in-question were published in the years 2018 and 2019, while, the said letter was issued by District Education Officer District Sudhnoti on 28.03.2023, meaning thereby, that these posts were not available at the time of advertisements-in-question, therefore, it could not be said that any clear vacancy of Secondary School Teacher (B-16) male and female, was available at the time of advertisements except the advertised posts---Petitioners failed to point out that at the time of advertisements-in-question any clear vacancy of Secondary School Teacher (B-16) male and female, against the quota of District Sudhnoti was available, which was withheld by the Department---Available posts were advertised accordingly and no post was withheld by the department at the time of sending the requisition of the said posts to the Public Service Commission---Admittedly, the petitioners could not secure a merit position rather, they were placed in the waiting list and only 49 posts were reserved for District Sudhnoti against which the incumbents who obtained top merit positions were appointed as Secondary School Teacher (B-16) and at the time of issuance of the advertisements-in-question, no other post was available against which the recommendations of the petitioners, who were placed in the waiting list, could have been sent---Even otherwise, according to the statutory provisions of R. 13 of the Azad Jammu and Kashmir Public Service Commission Procedure Rules, 1994, a candidate next on merit from the waiting list can only be appointed against the post if the selected person is recommended by the PSC on the basis of merit but fails to join the service or is declared medically unfit---Thus, there are only 2 eventualities justifying appointment from the candidates of waiting list, whereas, both these eventualities were not applicable in the present case---Petitioners failed to point out any illegality or legal infirmity in the impugned judgment passed by High Court---Leave could not be granted in routine just to create a false hope in the mind of a party---Petition for leave to appeal, having no substance, was dismissed.

ZOBIA BEGUM vs AZAD GOVERNMENT R — 2025 PLC(CS) 895 SUPREME-COURT-AZAD-KASHMIR

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