1 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR LPA No. 198/2022 (O&M) Reserved on 07.07.2025 Pronounced on 11.07.2025 UT of J&K and Ors. ……...Appellant(s) Through: Mr. Mohsin Qadri, Sr. AAG with Ms. Maha Majeed, AC Versus Faizan Ahmad Wani and Ors. …..Respondent(s) Through: Mr. M. A. Beigh, Advocate CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR JUSTICE RAJNESH OSWAL, JUDGE J U D G M E N T Per OSWAL’J’ 01. This intra-court appeal is directed against the Judgment dated 06.04.2022, passed by the learned writ Court in WP(C) No. 1772/2021 titled “Faizan Ahmad Wani and Ors. Vs. UT of J&K and Ors. (SKIMS)”, whereby the learned writ Court has held the private respondents figuring at serial Nos., 3, 5, 6, 9 and 10 in the wait list of the Open Merit Category for the post of Nursing Aid (Grade III), entitled to appointment against the posts/vacancies, which had remained unfilled due to non-joining of ten Open Merit selected/appointed candidates. Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document 2 02. The appellants have assailed the Judgment dated06.04.2022, passed by the learned writ Court on the following grounds:- a) That the learned writ Court has not considered that the Finance Department vide its G.O No. 416-FD of 2019 dated 23.09.2019, had frozen the number of employees/vacancies, as such, no more selections/appointments could have been made and thereafter, the General Administration Department had also conveyed that the unfilled vacancies be also referred to it for selection by the JKSSB. b) That additionally, the Government vide Administrative Council Decision No. 1/1/2022 dated 29.01.2022, made applicable to the appellants vide order dated 16.03.2022, has already withdrawn all the posts for which the selection process has not been concluded and the said decision squarely applies to the posts in hand. 03. Mr. Mohsin Qadri, learned Sr. AAG, for the appellants has submitted that in terms of Government order dated 04.07.2019 read with Government order dated 23.09.2019 issued by the Finance Department, there was complete ban imposed upon filling the vacant posts by the Public Sector Undertakings without prior concurrence of the Finance Department and number of employees were also frozen, but the learned writ court has not considered the issue in its right perspective. He has also argued that General Administration Department vide order dated 29.05.2020 had barred SKIMS from filling up of Class-IV posts, as such no direction holding the Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document 3 respondents entitled to the posts of Nursing Aid (Grade III) could have been issued by the learned writ Court. 04. Mr. M. A. Beigh, learned counsel for the respondents has submitted that as per order of appointment dated 30.07.2019, the selected candidates were required to join their duties within the period of 21 days from the date of issuance of order, failing which, it was to be presumed that they were no longer interested in taking up the job, but the appellants instead of adhering to the time line of 21 days prescribed for joining by the candidates, waited till September/December, 2019 and then only cancelled their appointments . He has further argued that the orders relied upon by the appellants for denying the appointment to the respondents, except respondent No. 4, who no longer is interested in taking up the employment for above-mentioned post, cannot be made a ground for rejecting the candidature of the respondents, as in the instant case, the selection process had come to conclusion and even the appointment orders were also issued. It was only because of non-joining of 10 candidates, the right had accrued in favour of the respondents to seek appointment for the above-mentioned posts, as they were figuring in the waiting list and they represented with the respondents to consider them for appointment during the life of wait list, which was one year. 05. Heard learned counsel for the parties and perused the record. 06. The record depicts that 42 posts of Nursing Aid (Grade-III) were advertised vide advertisement notification No. 2/2018 dated 23.07.2018 and Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document 4 after the conclusion of selection process, the select list was issued on 06.07.2019 and approved by competent authority on 26.07.2019. Thereafter, order of appointment was issued on 30.07.2019. In terms of that order, the candidates were required to join their duties within a period of 21 days of the issuance of order. 07. Learned counsel representing the parties are at ad-idem that the private respondents were figuring in the waiting list at serial Nos. 3,5, 6, 9 & 10 and ten candidates, who were selected in Open Merit Category did not join for one reason or the other, as a result of which, their candidature was formally cancelled by the appellants in the months of September/December 2019. There is also no dispute with regard to the life span of waiting list, which was one year. 08. As soon as the respondents came to know about the cancellation of the appointment of ten candidates in Open Merit Category, they submitted representations dated 07.03.2020 and 14.05.2020 before appellant No. 2, requesting him to operate the waiting list for the posts in question. After their representations evoked no response from appellant No. 2, respondents approached the Central Administrative Tribunal, through the medium of OA No. 40/2020 tilted “Fayaz Ahmad Wani and Ors. Vs. UT of J&K and Ors.”, which was disposed of by the learned Tribunal vide its order dated 17.06.2020, directing the Sher-I-Kashmir Institute of Medical Science (SKIMS) to consider and decide the pending representations of the respondents for their appointment against the available posts of Nursing Aid (Grade-III). Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document 5 09. In compliance to the order dated 17.06.2020, passed by the learned Tribunal, the appellants vide order dated 19.08.2020, rejected the representations of the respondents, which compelled the respondents to assail the same before the learned writ Court. The appellants objected to the writ petition by asserting that by the time the case of respondents, came up for consideration, there was a ban imposed by the General Administration Department of the Government to fill up Class IV vacancies in all the Government Departments, including the SKIMS. The appellants mainly banked upon the Government order No. 377-F of 2019 dated 04.07.2019 read with Government order No. 416-F of 2019 dated 23.08.2019 and order dated 29.05.2020 to deny the claim of respondents. 10. As far as Government order No. 377-F of 2019 dated 04.07.2019 read with Government order No. 416-F of 2019 dated 23.08.2019 issued by the Department of Finance is concerned, it has been stated by the appellants that orders (ibid) provide that no recruitment shall be made by the Public Sector Undertakings /Autonomous Bodies/ Societies etc. without prior concurrence of the Finance Department and number of employees must be frozen. The order dated 29.05.2020, has barred the SKIMS from filling up of Class IV posts with the instructions that henceforth, Class IV vacancies be referred to GAD in terms of SRO-404 dated 15.09.2018 for their onward referral to JKSSB. 11. Admittedly, the respondents approached the appellants with the representations for operation of waiting list within its currency, i.e., one year Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document 6 and the orders relied upon by the appellants to deny the appointment to the respondents, in fact cannot be made a ground to deny the appointment to the respondents because the appellants had concluded the recruitment process by issuing the appointment order dated 30.07.2019. The appellants cannot approbate and reprobate by filling the vacancies out of candidates figuring in the select list and denying the appointments to the respondents figuring in the wait list, in the same select list dated 06.07.2019 by placing reliance upon Government order No. 377-F of 2019 dated 04.07.2019 read with Government order No. 416-F of 2019 dated 23.08.2019 issued by the Department of Finance. 12. The order dated 29.05.2020 is prospective in nature and cannot be made basis to deny the claim of the respondents. 13. Though the appellants had not placed reliance upon the Administrative Council Decision dated 29.01.2022, made applicable to the appellants, before the learned writ Court, but even that order cannot be made basis to deny the appointment to the respondents, as in the instant case, the selection process had already concluded. 14. We have examined the Judgment passed by the learned writ Court and we find that the learned writ Court has also come to the similar conclusion, as arrived at by this Court, therefore, this Court does not find any reason to interfere with the well-reasoned judgment rendered by the learned writ court. This appeal is found to be misconceived and is, accordingly, dismissed. However, it is clarified that the Judgment passed by the learned writ Court shall be applicable only in case of respondents 1, 2, 3 and 5, as the Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document 7 respondent No. 4, is not interested in the appointment and has relinquished his claim in view of statement made by the learned counsel for respondents. 15. Dismissed. (RAJNESH OSWAL) (ARUN PALLI) JUDGE CHIEF JUSTICE Srinagar 11.07.2025 “Mohammad Yasin Dar” Whether the Judgment is reportable: Yes/No. Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document