A candidate who consciously participates in the selection process and is aware of the reservation for a specific category is estopped from challenging the selection process after its conclusion.

JUDGEMENT

Sanjeev Kumar, J.

1. In these two writ petitions, one filed by the Jammu & Kashmir Public Service Commission ["PSC"] and another by one Rauf Ahmed Dar, are directed against the judgment of Central Administrative Tribunal ["CAT"] dated 03.02.2022 passed in OA No. 61/234/2021 titled Tajinder Kour v. UT of J&K and others. The CAT has allowed the petition (OA) filed by Tajinder Kour (hereinafter referred to as "original petitioner") and has directed the PSC to recommend the name of original petitioner to the Commissioner /Secretary to Government, Higher Education Department, UT of Jammu & Kashmir for her appointment as Assistant Professor in the discipline of Geography under open merit category.

2. The case set up by the original petitioner before the CAT.

2.1. The PSC in the year 2007, issued an advertisement for conducting direct recruitment to the vacancies of Assistant Professors including three posts of Assistant Professor in the discipline of Geography. On the basis of the recommendations made by the PSC, the Government vide G.O. No. 201-HE of 2007, dated 12.09.2007 issued appointment orders in respect of three selectees. In the year 2009, another selection process for direct recruitment was conducted by the PSC and on the recommendations made by it, the Government vide G.O. No. 272-HE of 2009, dated 03.12.2009 issued appointment orders in favour of four selected candidates as Lecturer/Assistant Professor in Geography. It is submitted by the original petitioner that the PSC issued another notification in the year, 2014 bearing No. 12-PSC(DR-P) of 2014, dated 29.05.2014 for making selection against the vacancies of Assistant Professors in different disciplines and amongst them 43 vacancies of Assistant Professor in Geography were also notified for selection. The PSC having regard to horizontal reservation provided for handicapped category earmarked one vacancy for the aforesaid category. The selected candidates including the person selected under PHC category, it is claimed, were appointed and the select list was exhausted.

2.2. That PSC vide Notification No. 10-PSC(DR-P) of 2017, dated 27.10.2017, yet again invited applications for the vacancies of Assistant Professor in Higher Education Department, which included 10 posts of Assistant Professor in Geography with the following breakup:-

In addition, one vacancy under horizontal reservation for PHC category was also kept reserved.

2.3. The original petitioner participated in the aforesaid selection process and was shown as candidate last selected under the open merit category (S.No.4) in the Provisional Select List issued by the PSC vide Notification No. 03-PSC (DR-S) of 2021, dated 05.01.2021.

2.4. It is stated that the mistake committed by the PSC in keeping one vacancy reserved for PHC candidate was, accordingly, rectified while issuing Provisional Select List. Apprehending that with a view to give effect to the advertisement notification, the PSC may rectify the provisional select list and dislodge him, giving benefit of horizontal reservation meant for PHC to the private respondent, the original writ petitioner approached the CAT seeking inter alia a direction to the PSC to de-reserve one post/ vacancy of Assistant Professor in Geography earmarked for PHC category, as the same was in violation of the [1]Government Order No. 62-SW of 2001, dated 13.03.2001 and the Reservation Rules. The original petitioner also prayed for a direction to the respondents not to disturb him from the select list wherein her name figured at Serial No. 4 under open merit category.

2.5. The claim of the original petitioner was primarily based on his contention that after the enactment of Jammu & Kashmir Reservation Act, 2004 and the Rules of 2005 framed thereunder, the first process of selection for filling u