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2024 Supreme(Online)(CAT) 5472

CENTRAL ADMINISTRATIVE TRIBUNAL
D.S. Mahra, Member (Judl.), Prasant Kumar, Member (Admn.)
Mushtaq Ahmad S/o Sona Ullah Bhat R/o Gomel, Karnah District Kupwara – Appellant
Versus
State of J&K through Principal Secretary to Govt., Home Department, J&K Civil Secretariat, Srinagar/Jammu – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Noor, Mr. Tanweer
For the Respondents: Mr. Waseem Gul, GA

Table of Content
1. challenging selection due to exclusion. (Para 2 , 5 , 6)
2. waiver of challenge post-participation. (Para 19 , 20)
3. final judgment on application merits. (Para 22)

ORDER

Prasant Kumar, Member (Admn.) :- The instant TA No. 2443 of 2020 was filed as SWP No. 452 of 2009 before the Hon’ble High Court of Jammu and Kashmir. On 11.12.2013 Hon’ble High Court ordered to list the matter for final hearing after ensuing vacations, however, no final hearing could be held due to various reasons including Covid-19 pandemic. The SWP then got transferred to the Central Administrative Tribunal, Jammu Bench as TA No. 2443 of 2020 on 7.8.2020 and was heard the first time in the Srinagar Bench of Central Administrative Tribunal on 11.2.2022.

2. In the instant application, the five applicants have arrayed 211 private respondents from Sl. No. 7 to Sl. No. 217. The applicants are aggrieved of their non-selection as Constable in J&K Police, district Kupwara and hence have prayed for the following reliefs –

I. In the nature of Certiorari, quashing the impugned select list for District Kupwara, published in the Daily Urdu Newspaper nd “ETALAAT” dated 2 March, 2009 as illegal, unconstitutional

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