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HIGH COURT OF JAMMU AND KASHMIR
SAPNA DEVI AND ANOTHER – Appellant
Versus
SHEETAL AND OTHERS – Respondent
JUDGMENT :
SHAHZAD AZEEM, J.
01. Challenge in this Writ Petition is to the legal pregnability of the Order and Judgment dated November 16, 2021 passed by the learned Central Administrative Tribunal Jammu Bench, Jammu [the Tribunal] in TA No. 61/6718/2020 titled ‘Sheetal v. State of Jammu & Kashmir and Ors.’, whereby the Tribunal while partially allowing the TA filed by the Respondent No.1 herein (Applicant before the Tribunal) went onto quash the select list as well as wait list for the post of Knitting Instructor, Divisional Cadre Jammu qua the Petitioners and Respondent Nos. 5 & 6 herein, (Respondent Nos. 4 to 7 before the Tribunal) and also the notification No. DIP/K-2870 issued by the Respondent No.4, respectively.
FACTS:
02. These two clubbed Petitions arise out of same impugned Order, therefore, we propose to dispose of by this common judgment. Since, WP (C) No. 628/2022 is the lead case, therefore, reference to the parties shall be made in the same order.
03. The relevant facts in brief are that the Respondent No.4 has initiated the process of selection for 07 posts of Knitting Instructor, Divisional Cadre Jammu, in pursuance of a reference received from the Indenting Department,
Candidates participating in a selection process cannot challenge the process or regulations post-selection, establishing a principle of acquiescence in recruitment law.
Eligibility criteria for recruitment cannot be altered mid-process, as it undermines fairness and transparency, violating established legal principles.
Selection processes must be fair and transparent, with candidates having no vested rights if they participated without protest, respecting merit-based adjustments among categories.
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