- (1.)PETITIONERS were selected for the posts of teachers in the non -medical category in Leh vide order No. 1 -DRB of 1987 dated 12 -8 -1987 by the Recruitment Committee constituted vide Govt. Order No. 115 -GDof 1987dated 21 -1 -1987 read with Circular No. 18 -GD of 1987 dated 18 -5 -1987. They figured at S. Nos. 36, 39, 41, 44 and 49 in the non -medical category. It seems that the appointment orders were issued to the selected candidates figuring at S. Nos. 1 to 32 in this category and the petitioners were asked to stand -by. However, they were not appointed in due course and meanwhile respondent No. 2 issued advertisement notice No. 7 of 1983 dated 2 -8 -1988 inviting application for the posts of teachers in Leh district. This prompted them to file the present writ petition on 29 -8 -1988 seeking quashment of the advertisement notice (supra) and a writ of mandamus to respondents to appoint them on the posts of teachers on the basis of the selection made vide No. 1 -DRB of 1987. Their case is that under rule 11 of SRO -459 of 1987 dated 15 -9 -1987 (J&K Subordinate Services Recruitment Rules), respondent No.1 was obliged to forward their names to the administrative department which was further duty bound to appoint them and by not doing so the respondents have infringed and violated their right of appointment.
(2.)IN their objections respondents have explained that Rule 11 of the 1987 Rules, had no application in the matter as the petitioners were selected by the Recruitment Committee constituted vide Govt. Order No. 115 -GDof 1987 dated 27 -1 -1987 read with Circular No. 18 -GD of 1987 under the Decentralisation Rules of 1969 and not by the Subordinate Services Selection Board constituted under the Governors Act of 1986 or any committee appointed by such Board. It is also submitted that they could not be appointed for non -availability of vacancies at the relevant time and they had no right to challenge the selection for filling up of vacancies referred to the Subordinate Services Selection Board (SSRB) in the subsequent orders. It is pointed out that they were candidates for the vacancies referred to the SSRB in 1088 -89 on the basis of their selection made by the recruitment committee pursuant to Govt Order No. 115 -GD of 1987.
(3.)ALL that remains to be examined in this petition is whether Rule 11 of the 1987 Rules, is attracted to the petitioners case and whether that rule casts an obligation on the respondent -State to appoint the petitioners to the posts of teachers. It is also required to be seen whether the petitioners can claim any automatic right of appointment to the posts referred to the SSRB in the subsequent year i. e. 1989 -90, SRO -459 of 1987 reads thus;
"11. Procedure for post referred to erstwhile Board: (i) General Department shall forward list of the candidates to the administrative department for appointments whose selection process has been completed by the erstwhile State Subordinate Service Recruitment Board or by a committee constituted by the said Board irrespective of the fact whether the selection recommended by the said Committee has been considered by the said Board or not;
Provided that the administrative department shall issue immediately the appointment orders in accordance with the selection list forwarded by the General Department;
(ii) Service Selection Board shall within two months of its constitution recommend the selection of the Candidates to the Govt. in respect of the vacancies which stand referred to the erstwhile Board without inviting fresh applications in case same have been invited by the erstwhile Board. (iii) All applications invited and received by the District Level Recruitment Committees constituted vide Govt order No. 115 -GD of 1987 dated 21 -1 -1987 read with Circular No. 18 -GD of 1987 dated 18 -5 -1987 shall stand transferred to the Board constituted under these rules wherever the said committees have not made the selection. The Board shall recommend selection of the candidates within a period of two months from the date of its constitution.

A brief reference deserves to be made to the modes of recruitment adopted by the respondent -State from time to time for proper appreciation and understanding of Rule 11 relied upon by the petitioners.

It transpires that prior to 1987 recruitment to subordinate services was being made by the Recruitment Committees constituted under the circulars and orders of the Government. It was for the first time that Governors Act of 1986 for the first time that Governors. Act of 1986 was promulgated on 24. 3.1986 providing for the constitution of SSRB and the manner and method of its functioning. This Act saved the action of the Recruitment Committees formed under the Decentralisation Rules of 1969 and the consequent Govt Orders and Circulars passed from time to time. It was followed by SRO -459 of 1987 (J & K Subordinate Services Recruitment Rules, 1987) which again provided for the constitution of the SSRB under rule 4 and the manner and method of its functioning. Since a new Board was constituted under these rule, rule 11 provided for dealing with the selection rendered by erstwhile Board under the 1986 Act. It, therefore, accordingly provided that the General Department shall forward a list of candidates for appointment to the administrative department whose selection process was processed by the erstwhile SSRB irrespective of whether the selection recommended by such committees has been considered be the erstwhile SSRB or not.