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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
SANJEEV KUMAR, SANJAY PARIHAR
Johny S/o Sh. Yaqoob – Appellant
Versus
Union Territory of Jammu & Kashmir Through General Administrative Department, Civil Secretariat, Jammu/Kashmir – Respondent
JUDGMENT :
Sanjeev Kumar, J.
1. This petition by one Mr. Johny, filed under Article 226 of the Constitution of India, is directed against an order dated 07.11.2025 passed by the Central Administrative Tribunal, Jammu ["the Tribunal”] in TA No.2800/2020 (Jammu) titled Johny v. UT of J&K and another, whereby the Tribunal has dismissed the petition of the petitioner.
2. Before we advert to the grounds of challenge urged by Mr. Pawan Kumar Kundal, learned counsel appearing for the petitioner, it would be appropriate to narrate few facts as are germane to the disposal of the controversy raised in this petition.
3. Vide advertisement notice No.6 of 2015 dated 01.09.2015, respondent No.2 invited applications for making selection to various posts including five posts of Patwari for District Anantnag. Out of the five posts, notified for District Anantnag, one post was reserved for RBA and one for Scheduled Caste category. The essential qualification prescribed for the post, as indicated in the advertisement notification, was “graduation with knowledge of Urdu”.
4. The petitioner being eligible and possessing the requisite qualification, applied for the post of Patwari under scheduled caste categ
The mandatory participation in qualifying tests for public recruitment cannot be waived for individual candidates based on personal circumstances.
Participating without objection in the selection process bars a candidate from later contesting its fairness; procedural adherence in evaluation is crucial for validity.
Proficiency in Hindi or English cannot be adjudged through multiple choice questions, and no legal right accrued to demand a bilingual question paper.
Employment and Service matter - Grade-IV employees - Selection process - Selection process is not subject matter of challenge in absence of any grounds, subsequent action of issuing appointment order....
Point of Law : candidates cannot approbate and reprobate at the same time. Either the candidates should not have participated in the interview and challenged the procedure or they should have challen....
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