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TASHI RABSTAN, PUNEET GUPTA
Jasvinder Singh, S/o. S. Nihal Singh – Appellant
Versus
Union Territory of J&K through Financial Commissioner, Home Department, Civil Secretariat, Jammu – Respondent
JUDGMENT :
Tashi Rabstan, J.
1. This petition is directed against the order/judgment dated 18.03.2021 passed by the learned Central Administrative Tribunal in T.A. Nos.061/1629/2020, 061/1661/2020 and 61/1674/2020, whereby the petitions filed by the petitioners herein came to be dismissed.
2. The facts-in-brief are that pursuant to Advertisement Notice No.AIG(P)33159-219 dated 20.08.1991 applications were invited from the permanent residents of the Jammu and Kashmir State for the post of Sub Inspectors in the Executive Police. The petitioners herein along with other intending candidates participated in the selection process. The petitioners qualified all the tests including the written test and appeared in the interview also. The select list was issued in the month of November, 1992. However, the petitioners could not find their place in the select list. They submitted representations to the competent authority projecting their grievance that they were more meritorious and qualified than number of persons selected against the post of Sub Inspectors, but despite that they were illegally and arbitrarily ignored by the respondents. When nothing happened, petitioners 1 & 2 herein, namely,
The principle of res judicata and the finality of judgments were central to the court's decision.
A candidate who participates in a selection process without protest and takes a chance at selection is barred by the principles of acquiescence and estoppel from challenging the process after being u....
Candidate participating in selection process estopped from challenging it post non-selection on merits.
Advertisement specifies securing of qualifying marks by the candidates, but it does not prescribe what would be the qualifying marks in each of the segments for selection of the candidate for the pos....
Non-speaking rejection orders in selection processes are arbitrary and violative of natural justice; must consider prior judgments equally.
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