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f) The applicants thereafter came to know that vide communication No. Edu-II/715/2018 dated 12.07.2019, 35 posts of Junior Assistants, District Cadre Doda, which had been duly advertised and subjected to a completed selection process, were unilaterally withdrawn and treated as withdrawn ab initio, without issuance of any corrigendum, public notice or amendment to the advertisement. This was done notwithstanding the fact that the Chief Education Officer, Doda, had certified the availability of vacancies and recommended adjustment of candidates, which recommendation was endorsed by the Deputy Commissioner, Doda.

8. Despite completion of the entire selection process and despite availability of vacancies, the respondents issued a final select list dated 25.02.2020 selecting only 45 candidates against the originally advertised 80 posts. Under the RBA category, only 09 candidates were selected against 16 advertised posts, leaving 07 posts unfilled. Even a revised select list dated 29.02.2020 did not increase the number of selected candidates. The applicants subsequently learnt that vide communication No. Edu-II/715/2018 dated 12.07.2019, 35 posts of Junior Assistants, District Cadre Doda, were unilaterally withdrawn and treated as withdrawn ab initio, after completion of the selection process, without issuance of any corrigendum or public notice, despite certified availability of vacancies and favourable recommendations by HARSHIT Digitally by HARSHIT signed YADAV YADAV :: 15 :: OA 557/2020 & TA 546/2020 the Chief Education Officer, Doda, endorsed by the Deputy Commissioner, Doda.

35. The reliance placed by the respondents on the order dated 06.07.2018 passed in SWP No. 1313/2018 is misconceived. The said order merely directed that 25% of the cadre strength shall not be filled and did not authorize withdrawal of posts already advertised and subjected to a completed selection process, nor did it permit treating such posts as withdrawn ab initio. The interpretation adopted by the respondents is self-serving and dehors the said order.

HARSHIT Digitally
        by HARSHIT
                  signed

 YADAV YADAV
                                            :: 28 ::          OA 557/2020 & TA 546/2020

36. The contention that the applicants were not selected due to lower merit is also untenable. Merit can be assessed only against the total number of advertised posts. Once 80 posts were advertised and the selection process was completed on that basis, restricting selection to 45 posts by withdrawing 35 posts mid-stream renders the entire merit determination legally irrelevant and vitiated.