Jammu, Feb 02: In a petition filed by Simranjeet Singh V/s 1 Union of India th. Secretary to Government, Ministry of Defence, Government of India, New Delhi 2 Director General EME Branch MGO DHQ P.O New Delhi. 3. MG EME HQ North Comd. care of 56 AP 4 Commanding Officer 14 EME Bn Comd care of 56 APO 5 Parveen Kumar son of Sarjeet Singh care of respondent No.4 6 Sanjay Nath son of Bhawar Nath care of respondent No.4.after hearing HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE ordered as:-
1 In this petition, the petitioner is aggrieved and has assailed the selection and consequent appointments of respondents 5 and 6 as Engineer Equipment Mechanic (HS-II) [‘EEM’] in general category advertised vide Notification No.DAVP-10103/11/0019/15-16 published in the Daily Excelsior newspaper on 05.09.2015.
The petitioner also prays for Writ of Mandamus commanding the respondents to select and appoint the petitioner against one of the posts of EEM in general category.
2 Briefly stated the facts projected by the petitioner in this petition are that an Advertisement Notification was issued by respondent No.4 inviting applications from Indian nationals for filling up several posts including two posts of EEM under general category.
The petitioner along with few others including respondents No. 5 and 6 responded to the Advertisement Notification and submitted their candidature for the aforesaid two posts. The selection process was conducted which included written test and a practical test. On conclusion of the selection process, a select list was issued where in respondents 5 and 6 were shown selected against the notified two post of EEM, whereas petitioner was placed at S.No.1 in the wait list.
3 Feeling aggrieved, the petitioner has filed the instant writ petition challenging the selection of respondents No. 5 and 6 and their consequent appointments against the posts of EEM.
However, having regard to the submission made by Mr. Magotra that, the petitioner being a candidate at S.No.1 in the wait list, is entitled to be issued the order of appointment in case any of the selected/appointed candidates does not join, I dispose of this petition by providing as under:
5(i) The respondents shall immediately and forthwith give effect to the selection of 5 and 6 and offer them appointment with in a period of six weeks from the date a copy of this order is served upon them.
Since the selection pertains to the year 2016andsamehas not been acted upon despite the fact that there was no interim order from this Court, as such, any subsequent order barring, making or completing the selection process shall not come in the way of the respondents. (ii)That in case any of the selected candidates does not join after having received offer of appointment, the petitioner who is next in the order of merit and placed at S.No.1 in the wait list shall be considered and appointed against
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