Agreed , it is the prerogative of the UT Government or for that purpose, any State Government to create ,advertise and sanction posts in gazetted and non- gazetted categories in Government departments , offices etc and initiate due process of recruitment for such posts as also at any moment, during or after such process, even rescind such decision and withdraw the requirement of such posts even without assigning any reasons. That being the technical aspect of the matter , the practical aspects, however, are to be viewed in two perspectives. One, the convention and the practice being normally not to withdraw such decision instead and rather making modifications by way of adding the number of vacancies or other changes which normally should go in favour of the aspirant candidates. Two- looking to the massive problem of unemployment prevailing in Jammu and Kashmir among the educated youth who in the process of struggling to find some opportunity in the already very limited and inelastic jobs market for getting a job and not getting it attain the over-age limits thus such avenues for them get blocked.
That denotes that the Government must leave no stone unturned in using every possible opportunity to have more and more unemployed persons employed under different schemes and policies instead of deciding or taking a decision on the contrary. If due to any reasons , perhaps unavoidable, due to some statutory regulations or provisions or due to application of a law or a constitutional amendment which has a bearing on the ongoing exercise of such recruitment, the Government in such an eventuality can , in its wisdom, give effect to such a change with prospective or potential effect and not with retrospective effect because the interests of those who already have become part of the process, must be protected. The issue, therefore, in respect of the Government of Jammu and Kashmir withdrawing all those posts both gazetted and non-gazetted, which it had referred to the designated recruiting agencies like the Public Service Commission (PSC) and Service Selection Board (SSB) before October 31, 2019 to proceed in initiating the requisite process of recruitment , now withdrawing in totality , seems a decision having been taken all in haste and without finding an alternative solution to save the future of hundreds of concerned candidates .
This decision when seen from the point of view of those “stranded” candidates who had applied for those posts in response to the notification/ advertisement in that respect by the Government and even having reached up to the stage of interview , feel now really left in the lurch , if not absolutely waylaid. That is to say, if at all such posts are now re-advertised or notified to be filled , with the same age eligibility criteria , most of the concerned candidates may have turned over the limit hence cannot apply afresh for such posts . Who is responsible for such a fate of theirs is the moot question. The absolute reversal of the decision of the Government about making recruitments for the said posts comprise even those ones which are in litigations and those pending in the courts which have to be ”deemed as withdrawn”. In other words, as many as 1500 posts of different categories ”meant” for different departments which had thus been advertised prior to October 2019 and the process of recruitment started otherwise and not completed during two years, are now nowhere and the whole process of two years now stands to be in-fructuous , such is the policy and the manner in which sensitive matters like the one under reference are handled in the UT.
We strongly feel that there should be a due review of the decision of the Government so that the sanctity of the application of the Reservation Rules consequent upon the abrogation of the special status of the then state etc is maintained while at the same time, the interests of the ”affected” candidates must too be protected. Needless to add, employment means a lot as it concerns one’s bread and butter which in no ordinary circumstances should be denied, even if an extra step was required to be trod towards that end.
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