HC upholds withdrawal of advt notice

SRINAGAR, April 01: The High Court has upheld the decision of withdrawing advertisement notice for the posts of Accounts Assistants by the Government and observed that the court in exercise of its writ jurisdiction cannot sit in appeal over the reasoning given by the Government for withdrawing the earlier notice.

The decision of the Government whereby the advertisement notice dated 28.04.2008 inviting applications for various posts including 25 posts of Accounts Assistants was withdrawn and posts were re-advertised has been challenged.

The case as setup before the court was that petitioners being eligible in terms of the prescribed criteria responded to the advertisement notice.

However, the selection process was not taken to its logical conclusion and the advertisement notice was withdrawn.

It has been contended before the court that the action of the authorities while withdrawing the basic advertisement notice and that the plea of the authorities that the same has been done for the administrative reasons cannot be accepted without specifying those administrative reasons.

It was further contended that the action of respondents in withdrawing earlier advertisement notice and issuing a fresh advertisement notice is malafide and arbitrary in nature, in as much as at the time of issuance of advertisement notice in the year 2008, some of the blue-eyed candidates of the respondents were not eligible.

The Government however submitted that the advertisement notice of the year 2008 was withdrawn by the University in respect of all the posts and the post for which the petitioners have applied has not been singled out.

Court has been apprised that the decision in this regard was taken in terms of Memo dated 28.03.2013 as the advertised posts were borne on non-plan for which funds are being provided by the State Government but because funds were not made available by the State Government to the University for several years, as such, the advertisement notice was withdrawn.

Another reason for withdrawal of the advertisement notice was that mode of appointment for non-teaching posts which included the posts of Accounts Assistants was changed to fixed salary mode as per the decision of the State Government and, as such, the selection process pursuant to the advertisement notice of the year 2008 could not be taken forward as the posts advertised vide the advertisement notice were carrying graded scale of pay.

The University has contended that the candidates merely by responding to the advertisement notice did not acquire any vested right of appointment to the posts applied for and that the University was well within its rights to withdraw the advertisement notice and issue fresh advertisement notice in view of the administrative reasons.

Justice Sanjay Dhar while dismissing the plea said that a candidate has no right to challenge the action of State or any other authority whereby an advertisement notice has been withdrawn or the posts have been re-advertised as the State Government has a right to withdraw the advertisement notice and that a candidate has no vested right for consideration for appointment in terms of the advertisement notification.