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, i.e., the Department of Industries and Commerce, out of which three posts were earmarked for OM category, as such, the J&K Services Selection Board [the Board] issued advertisement notice No. 03 of 2012, dated December 28, 2012, whereby applications were invited and, inter alia, basic qualification was prescribed as 10 +2 with Diploma in Knitting from ITI.

04. Accordingly, the Petitioners, Respondents No.1, 5 and 6, respectively, have also applied and were shortlisted for interview. Consequently, vide notification dated February 06, 2016, they were called for interview and same was scheduled to be held on February 13, 2016.

05. However, during the currency of interview process and particularly after the interviews of the parties herein, vide communication dated February 25, 2016, the Respondent No.4 sought a clarification from the Indenting Department, that the candidates who possess Degree/ Diploma in Textile/ Textile Technology/ Handloom Textile and certificates in Cutting, Tailoring, Knitting, etc., from other Institutes have also applied and have been shortlisted, whether can be considered for the post of Knitting Instructor.

06. The Indenting Department, vide communication dated March 18, 2016, clarified that the prescribed qualification as per the departmental recruitment rules shall be treated as the qualification.

07. The Board issued and published a notification in a local Daily, being No. DIP/K-2870, whereby it was notified, that all the candidates shortlisted for the post of Knitting Instructor, Divisional Cadre Kashmir/ Jammu advertised vide notification No. 03 of 2012, Item No. 207 and 02 of 2014, Item No. 150, possessing Diploma in Knitting/ Textile from a recognized Institution/ ITI, are informed that their interview, if not held earlier, shall be conducted on June 09, 2016 at the respective Offices of the Board at Srinagar/ Jammu.

08. On culmination of the selection process, the proforma Respondents No. 5 and 6 and Petitioner No.2, respectively, were shown to have been selected under OM category, whereas, the Petitioner No.1 was included in the Waiting List under OM category.

09. Since, the Respondent No.1 could not make the grade, therefore, she had challenged the Select List, published under No. DIP/J-10798, dated March 14, 2017, qua the Petitioners and proforma Respondent Nos. 5 and 6, respectively. Challenge was also thrown to the notification No. DIP/K-2870 and also sought direction to select and appoint her against the post of Knitting Instructor, Divisional Cadre Jammu. This Writ Petition, being SWP No. 2166/2017, filed by the Respondent No.1, later on, came to be transferred to the Tribunal and was registered as, TA No. 61/6718/2020.

FINDINGS OF THE TRIBUNAL:

10. While partially allowing the TA, the Tribunal has proceeded on the prem