The main legal principle established in the judgment is that eligibility for recruitment is determined based on the law at the time the selection process is initiated, and subsequent amendments do not govern the selection process.

1. An Advertisement Notification was issued by the respondent No.2 on 27th of July, 2016 for recruitment of Constable (GD) in the Central Armed Police Forces (CAPFs) through recruitment rallies in the State of Jammu and Kashmir. The petitioners along with others participated in one of the recruitment rallies for border district of Rajouri as OBC candidates. The petitioners are candidates belonging to Lawana Caste which is treated by the Central Government as “OBC” in the State of Jammu and Kashmir. The petitioners appeared before the Regional Selection Board at Rajouri for Physical Standard Test and Physical Endurance Test (PST/PET for short) on respective dates. They were considered in the recruitment process as OBC candidates. All of them qualified the PST/PET and were permitted to sit in the written examination. The petitioners were even shortlisted and subjected to medical and review medical examinations. All the five petitioners were found medically fit. They were even found making the grade under the category of OBC but it appears that during preparation of final merit list, testimonials of the petitioners including their OBC certificates were subjected to verification. During verification process, it was found that the petitioners belonged to “Lawana” caste which was not enlisted in the Central List of OBCs at the time of publication of Advertisement Notification. The caste “Lawana” came to be included in the Central List of OBC for the first time vide Resolution No.12011/6/2014-BC-II dated 06.12.2016, which was duly published in the Central Govt. Gazette Notification dated 07.12.2016 published by the Ministry of Social, Justice and Empowerment. It is on account of the aforesaid reason, the petitioners were not found to be eligible for consideration under the OBC category for the post of Constable (GD) notified for selection on 27.07.2016. The petitioners though had made it to the select list under OBC category but were denied the appointment for the aforesaid reason. The petitioners, feeling aggrieved, have come up before this Court by way of instant writ petition. The petitioner, are thus seeking a direction to the respondents to consider the petitioners under OBC category and appoint them as Constable (GD) with all consequential benefits.

2. Per contra, the stand of the respondents in the objections is that neither on the date of Advertisement Notification nor on the cut-off date, the petitioners’ caste “Lawana” had been declared by the Central Government as OBC and, therefore, the petitioners were not entitled to be considered under the said category. The respondents have, however, admitted that the petitioners in view of their merit and physical fitness have made it to the select list under OBC category but the fact remains that the petitioners were not entitled to be considered as OBC candidates and therefore, could not be offered the appointment. The respondents have invited a reference to the various terms and conditions of the Notification to substantiate their stance.

3. Having heard learned counsel for the parties and perused the record, the undisputed scenario that emerges is that the petitioners had applied under OBC category having been issued the requisite certificates by the competent authority under the Jammu and Kashmir Reservation Act, 2004 and the Rules framed thereunder. They were permitted to participate in the selection process as OBC candidates. All of them successfully cleared the PST/PET, the written examination and were also found fit by the Medical and Review Medical Boards. In short, all of them made the grade for recruitment as Constable (GD) under OBC category. In view of this admitted factual matrix, the only question that needs determination in this case is:-

“Whether the petitioners were entitled to consideration as OBC candidate in the selection process in question on the basis of the OBC certificates issued in their favour by the competent authority under the State Reservation