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HIGH COURT OF JAMMU AND KASHMIR
SHAKEEL AHMAD MIR AND ORS. – Appellant
Versus
GOVERNMENT OF J AND K AND ORS. (SCHOOL EDUCATION) (ch) – Respondent
JUDGMENT :
Tashi Rabstan, J.
1. This petition is directed against the order dated 24.08.2023 passed by the Central Administrative Tribunal, Srinagar Bench in TA No.1382/2021, whereby the learned Tribunal dismissed the TA filed by the petitioners herein holding that no ground is made out to interfere.
2. The facts-in-brief, as gathered from the file, are that the petitioners herein were appointed against different posts of Peon/Orderly, Chowkidar, Safaiwala and Lab Bearer between 1983 to 1990. It is claimed by the petitioners that even after discharging their duties for a considerable period of time, they were not promoted to higher posts. In the year 2008, the Government promulgated the J&K School Education (Subordinate) Service Recruitment Rules, 2008 notified vide SRO 308 dated 16.10.2008. In terms of said rules, Orderlies, Peons, Chowkidars, Safaiwallas along with other similarly situated posts were put in Class VIII of Schedule II-A and modes of promotions were provided for Class VIII posts. Order No.642 dated 06.04.2010 and Order No.2785 dated 20.11.2015 provided that the promotion of Class VIII posts to the Lab Assistant and Junior Assistant shall require qualifying the certific
Candidates participating in a selection process cannot challenge its validity after being declared unsuccessful, as established by the principle of estoppel.
Candidates participating in a selection process cannot later challenge its fairness or legality.
Candidates who participate in a selection process without raising objections are estopped from later challenging its fairness.
Glaring illegalities in the selection procedure can be challenged, and the Court has the authority to set aside the selection process and direct a restart in accordance with the applicable rules.
Participation in selection process with knowledge of criteria estops candidates from challenging it after failure.
The term 'written test' prescribed in the Recruitment Rules cannot connote only a descriptive test, as alleged by the Petitioner. It can also include an objective test based on Multiple Choice Questi....
The court affirmed the authority to modify recruitment procedures under established rules, recognizing urgency and valid administrative discretion despite changes in selection criteria.
The selection process for the post of Chowkidar was quashed due to unfair practices and violation of established norms, reaffirming that participation in a selection process does not confer a vested ....
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