Reservation roster cannot apply to tenure posts: HC - watsupptoday.com
Reservation roster cannot apply to tenure posts: HC
Posted 29 Mar 2018 03:03 PM

Agencies
Justice Tashi Rabstan of State High Court while deciding a petition held that reservation roster cannot apply to tenure posts.
This significant judgment has been passed in a petition filed by Dr. Zoya Chowdhary seeking quashing of Advertisement Notice No.DIP/J-826/17 dated May 9, 2017 issued by Principal, Indira Gandhi Government Dental College, Jammu, respondent herein, whereby seven posts of Registrars in various disciplines of Dental College have been invited. Petitioner has also sought a direction to the official respondents to apply J&K Reservation Act, 2004 and the rules framed there under while filling up these posts.
Justice Tashi Rabstan observed that pursuant to aforesaid Advertisement Notice inviting applications from in-service/non PSC doctors for filling up seven posts of Registrars in various disciplines of Indira Gandhi Government Dental College, Jammu, the petitioner along with other eligible candidates applied against the two posts of Registrar in Periodontics on May 11, 2017. It was averred that the last date for receipt of forms was June 3, 2017 and the date of interview was fixed for June 10, 2017. It was averred that the petitioner belongs to Schedule Tribe Category and roster point No.6 has been fixed for the said category. It is further averred that although these posts were required to be filled up by giving due representation to the reserved categories, however, the advertisement notice was not in conformity with J&K Reservation Act, 2004 and the rules framed thereunder, therefore, the same was in violation of Articles 14, 15, 16 and 21 of the Constitution of India. It was averred that the petitioner also submitted an application dated May 24, 2017 with a request to withdraw the aforesaid advertisement notice and, then, issue fresh one providing reservation as per J&K Reservation Act and the rules framed thereunder.
Justice Tashi Rabstan after hearing Advocates O.P. Thakur and R.K.S. Thakur for the petitioner whereas Deputy AG Sanjeev Padha for the State observed that as per own admission of petitioner, the last date for submission of application forms for the post-in-question was June 3, 2017. “The petitioner was not possessing MDS Degree at the relevant time and she was having only BDS qualification when the posts-in-question had been advertised. Whereas, it is the specific case of respondents that ten candidates out of eighteen were more meritorious than the petitioner, which fact the petitioner has not denied in her pleadings”, the court observed.
Justice Tashi Rabstan further observed that it is the specific case of respondents that since the two posts of Registrars in the Department of Periodontics are tenure posts for a specified period of three years, the provisions of J&K Reservation Act, 2004 and the rules framed thereunder do not apply to the aforesaid posts.
Justice Tashi Rabstan further observed that in terms of Section 2 (d) of J&K Reservation Act (supra), the reservation is applicable only to the extent of available permanent or temporary vacancies, whereas the posts fallen under Regulation 34-B of J&K Civil Service Regulations are not covered under Reservation Act; meaning thereby Reservation Act and the rules framed thereunder do not apply to the tenure posts. “Since tenure posts of Registrar do not fall in either of the two categories, i.e., permanent posts or temporary posts, therefore, reservation roster cannot apply to these posts”, the court observed.
With these observations, HC dismissed the petition along with connected miscellaneous petitions and also directed respondents to forthwith fill up the second post of Registrar in Periodontics as per the merit list without any further delay.

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