The principle of res judicata and the finality of judgments were central to the court's decision.

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, Jasvinder Singh and Kuljeet Singh Jamwal and some other candidates filed SWP No.221/1993, titled as, Jasvinder Singh and others vs. State of J&K and another. The said writ petition along with connected matters came to be disposed of by the learned Single Judge on 22.08.1996 with a direction to the official respondents that all those writ petitioners falling in the general category, who had obtained 56 marks or above in the written examination, shall be entitled for appointment as Sub Inspectors in the Police Department (as the last selected in general category had obtained 56 marks in the written examination). Similarly, if any writ petitioner, who belongs to any reserved category and had secured equivalent or higher marks than the last selected candidate in the written examination in such a particular category, shall also be entitled for appointment as Sub Inspector.

3. Against the order/judgment of learned Single Judge, the official writ respondents-State filed LPA(SW) No.85/1997, which came to be allowed vide judgment and order dated 29.05.1998 and the writ petitions filed by the writ petitioners came to be dismissed. The writ petitioners filed SLP before the Apex Court being Appeal (civil) No.4793-4802 of 1999, titled as, Jasvinder Singh & Ors. vs. State of J&K & Ors. The Supreme Court vide judgment dated 20.12.2002, while upholding the decision of Division Bench, dismissed the appeals filed by the writ petitioners.

4. Thereafter, in the year 2005, one Mr. Jagmohan Singh filed SWP No.1095/2005, titled as, Jagmohan Singh vs. State of J&K & others. The main ground taken by petitioner-Jagmohan Singh was that pursuant to Advertisement Notice No.AIG(P)33159-219 dated 20.08.1991 one of the selected candidates, namely, Jabeen Akhtar had secured only 161 marks, whereas he was having higher merit, as he had secured 164 marks, but despite that the official writ respondents ignored him for selection against the post of Sub Inspector. It was stated in the said writ petition that aforesaid Jabeen Akhtar was selected under “women category’ whereas no such category was provided in the advertisement notice.

5. The stand of official writ respondents in the said writ petition was that petitioner-Jagmohan Singh had secured 164 marks, whereas the last selected candidate in the open category had secured 180 marks. Since petitioner-Jagmohan Singh could not make the grade, therefore, his claim was rightly rejected. So far as appointment of aforementioned Jabeen Akhtar is concerned, it was stated that in terms of Government instructions U.O. No. 1204/PA/GAD/91 dated 17th of Sept’91, 5% seats were reserved for Women candidates and it was under this quota, the case of Jabeen Akhtar was considered and she was appointed as Sub Inspector.

6. The learned Single Judge in SWP No.1