Candidates participating in the selection process with full knowledge of the procedure cannot challenge the norms of selection if they were not selected.

N. Paul Vasanthakumar, J.

1. By consent the Letters Patent Appeal is taken up for final disposal.

2. The Registry also informed this Court that certain other candidates have also filed similar writ petitions before the Jammu Wing of this Court and common issues are raised in those writ petitions. This Court directed the Registry to identify the cases and the Registrar Judicial at Jammu identified the above numbered writ petitions (SWP Nos. 1944, 1917, 1946, 1961, 2030, 2033, 2047, 2049 and 2138 of 2015) wherein also the similar issues regarding the selection of Prosecuting Officers have been raised. Having regard to the said fact, we also arranged for a sitting at Jammu Wing on 21.09.2015 and heard the arguments of the respective counsels for the writ petitioners as well as Mr. W.S. Nargal, AAG for the State. The Letters Patent appeal is filed against the order of the learned Single Judge dated 13.08.2015 made in SWP no. 1361/2015, dismissing the writ petition filed by the appellants along with four other connected writ petitions.

3. The appellants as well as the writ petitioners herein had preferred the writ petition praying to quash the written test conducted by the respondents on 14.04.2015 and short listing if the candidates by order dated 20.06.2015 and the notice published in Greater Kashmir in its issue dated 28.06.2015, and for direction to the respondent nos. 1 to 4 to conduct fresh written test of all the candidates who have to be qualified for Viva-Voce-cum-Personality Assessment Test in accordance with the syllabus notified vide notice dated 02.09.2014 and make the selection afresh, or in the alternative to conduct the interview of the appellants and consider them also for their selection and appointment to the post of Prosecuting Officer based on their merit which may be obtained by them in the viva-voce test.

4. It is the contention of the appellants that they are permanent residents of J&K State and are citizens of India. The first appellant is resident of Chuliskamboo, Kargil and belongs to BROKPA tribe, which is a scheduled tribe community and he has passed Bachelor of Law (5 years) from the University of Jammu in the year 2011. The appellant no.2 is a resident of village Thaskangrong, Kargil and is a resident of Backward Area. He also passed degree in B.Sc from University of Jammu in the year 2006 and Bachelor of Law (LL.B) from University of Kashmir in 2010. Both the appellants have enrolled themselves as Advocates with the Bar Council of J&K under the Advocates Act 1961.

5. It is the case of the appellants that respondent no.2 invited applications by issuing advertisement notice on 29.12.2012 for filling up of 49 posts of Prosecuting Officers in J&K Police, prescribing minimum qualification of Bachelor’s Degree in Law from a recognized University with minimum of 50% marks. The age was prescribed as between 18 to 28 years as on 01.01.2012. The candidates had to appear for physical standard test, written test followed with viva voce/personality assessment test. The prescription of upper age limit was challenged before this Court and thereafter a revised eligibility criteria was fixed stating that candidates should not be less than 18 years and not more than 37 years of age. The number of posts were also increased to 98 as per the subsequent addendum dated 13.08.2013. Accordingly, 56 posts were to be filled up from Open Merit category, 19 from RBA category, 10 from ST category, 8 from SC category, 3 from ALC category and 2 from Social caste category. The syllabus for the written test was notified on 02.09.2014 which included Constitution of Jammu and Kashmir, Major Acts in whole with latest amendments, namely, Ranbir Penal Code, Code of Criminal procedure and Evidence Act And other Minor Acts and Local and Special Laws in whole with latest amendments. The candidates were directed to appear for the physical test and their physical fitness was assessed. The appellants and the writ petitioners were declared