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2025 Supreme(Online)(CAT) 1621
CENTRAL ADMINISTRATIVE TRIBUNAL
MR. RAJINDER SINGH DOGRA, J, MR. RAM MOHAN JOHRI, A
Rajinder Singh – Appellant
Versus
D/o Service Selection Board Ut Of J&k – Respondent
T.A./2402/2020
Mr. R.K Gupta, Mr. Sudesh Magotra (AAG), Mr. Hunar Gupta, DAG
Candidates participating in a selection process cannot challenge the process after disqualification due to procedural lapses, as established by legal precedent.
Headnote:(A) J&K Subordinate Services Recruitment Rules, 1992 - Rule 13(ii) - Recruitment process for Naib Tehsildar - Petitioner disqualified for failing to encode test booklet series on answer sheet - Clear instructions provided in examination materials - Disqualification upheld as per established guidelines. (Paras 6-12)
(B) Principle of estoppel - Candidates participating in selection process cannot challenge the process post-disqualification - Established legal precedent supports this principle. (Paras 9-10)
Facts of the case:
The petitioner applied for the Naib Tehsildar post under Advertisement Notice No. 01 of 2002 and participated in the written examination on 22-02-2009. His candidature was declared invalid due to failure to encode the test booklet series on his answer sheet, despite having indicated it on the attendance sheet.
Findings of Court:
The Tribunal found that the respondents acted in accordance with the rules, and the omission to encode the booklet series was a significant error. The recruitment process was conducted fairly and transparently.
Issues: The main issues were whether the petitioner’s disqualification was justified and whether he could challenge the recruitment process after participating in it.
Ratio Decidendi: The court ruled that the failure to encode the test booklet series was a grave lapse, and candidates who participate in the selection process cannot later challenge it based on disqualification.
Result: Petition dismissed.
ORDER
Per: - Rajinder Singh Dogra, Judicial Member
1. The SWP/WP(C) No. 1308/2009 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and was registered as T.A. No. 61/2402/2020 by the Registry of this Tribunal.
2. The present matter was filed before the Hon’ble High Court with following prayer:
a) “issue a writ in the nature of mandamus directing the respondents to declare the result of the petitioner on the basis of the test undertaken by him under Roll No. 131502 and serial booklet no. "C" for selection to the post of Naib Tehsildar in respect of Advertisement Notice no. 01 of 2002 issued by the respondent no. 2.
b) Issue a writ in the nature of mandamus directing the respondents to consider the merit of the petitioner from amongst the candidates who had applied pursuant to the Advertisement Notice no. 01 of 2002 with additional benefit of being considered for the posts advertised in the year 2005 and 2008.
c) Issue a further writ of mandamus directing and commanding the respondents to interview the petitioner as per his merit qua the Advertisement Notice No. 01 of 2002.
d) Issue a writ in the nature of prohibition restraining the respondents from finalizing the select list of the candidates to be appointed on the basis of the interview being conducted in lieu of the result declared vide impugned Notification published in the local daily in its edition of 21-07-2009.
e) Any other writ, order or direction which the Hon'ble Court may deem fit and proper under the circumstances of the case may also be passed in favour of the petitioner.”
3. The facts of the case as averred by the petitioner in his pleadings, are as follows: -
a) The petitioner, being a citizen of India, possesses the legal rights enshrined in the Constitution of India as applicable to the State of Jammu and Kashmir. The J&K Services Selection Board (respondent no. 2) issued Advertisement Notice No. 01 of 2002 dated 26-04-2002, inviting applications for recruitment to various posts, including 52 posts of Naib Tehsildar, with 2 posts reserved for residents of the Actual Line of Control (ALC). The petitioner, being fully eligible, applied for the post and submitted his application form, which was duly received by the respondents.
b) Subsequently, the respondent no. 2 issued Notice No. SSB/Sect/Secy/104048/2005, informing the candidates that the competitive examination for the post of Naib Tehsildar would be tentatively held in the 3rd week of March 2005 with a prescribed syllabus. The question paper was to comprise two parts: Part A (90 questions of General Studies) and Part B (30 questions of General Knowledge of Jammu and Kashmir). However, the selection process did not proceed as planned, and instead, a fresh Advertisement Notice No. 9 of 2005 dated 14- 12-2005 was issued, inviting applications for 39 posts of Naib Tehsildar with one post reserved under the ALC category. Candidates who had applied earlier were not required to apply again.
c) While the petitioner and other eligible candidates awaited the selection process, another Advertisement Notice No. 4 of 2008 dated 26-05-2008 was issued, inviting applications for 20 additional posts of Naib Tehsildar, including one post under the ALC category. This notice was in continuation of the previous advertisements, and candidates who had applied earlier were not required to apply again.
d) Later, the respondents issued Notice No. DIP/J-5736 dated 10- 01-2008, notifying a revised syllabus where the written test would include Part A (60 questions on General Studies) and Part B (60 questions on General Knowledge of Jammu and Kashmir), with all questions carrying equal marks. The written examination was scheduled to be held on 20-02-2009 but was postponed to 22-02-2009. The petitioner was allotted Roll No. 131502 and appeared in the examination accordingly.
e) Following the written test, the respondent no. 2 declared the result on 21-07-2009, publishing the names of candidates shortlisted for interviews. The p
