Candidates participating in a selection process cannot later challenge its fairness if not selected, as established by legal precedent.

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, unfair, arbitrary, unjust and a product of nepotism and favouritism.

II. In the nature of Mandamus, commanding the respondents to select the petitioners for the post of Constables for which advertisement notice was issued in the month of September, 2008. Annexure-A to this writ petition and th physical test was conducted on 14 February, 2009 as they are fulfilling the criteria prescribed in the advertisement notice on the basis of the commitment extended publicly by the respondent DIG while conducting the physical test on 14th February, 2009 as three of the petitioners have become ineligible for applying for the post of Constable in future in view of the age bar.

III. In the nature of Mandamus, commanding the respondents to disclose as to what criteria and guidelines have been adopted / followed while carrying out the impugned selection in absence of written test, viva voce, interview or any other thing.

IV. In the nature of Mandamus, commanding the respondents to reserve five posts of Constables in District Kupwara for the petitioners and given due representation to Tehsil Karnah in the selection of Constables for District Kupwara after readvertising the posts.

V. Any other writ, order or direction though not prayed for may also be granted in favour of the petitioner and against the respondents in the given facts and circumstances of the case.

3. The Ld. Counsel for the applicants submit that in order to generate employment and to reduce the chances of misuse of youth by subversive elements, the Government of Jammu and Kashmir decided to fill up the posts of Constables in J&K Police. Accordingly, the respondent Police Department, vide advertisement of September, 2008, invited applications for recruitment against the posts of Constables. This advertisement did not mention about the no. of posts to be filled up although it did prescribe the criteria for submitting application and that candidates belonging to one district would not be considered for recruitment in another district.

4. The Ld. Counsel for the applicants further submit that the applicants, after assembling at Tehsil Level, submitted their application / form along with the required testimonials and upon finding of their applications complete in all respects, they were called for physical examination. No written examination, viva-voce, interview or any other test were carried out except the physical examination. After physical examination, the Ld. Counsel for the applicants submit that the DIG NKR, in presence of SSP, Kupwara, made public the marks of the candidates and it was further informed that the age factor would be of paramount consideration for making recruitment after qualifying physical fitness test. Since all the applicants were declared physically fit as they were granted maximum n