The court affirmed that an applicant must be afforded a hearing before exclusion from a selection list, but also upheld the authority to declare invalid certificates void.

ORDER

(Delivered by Hon’ble Mr. Rajinder Singh Dogra, Member-J)

1. applicant was provisionally selected for the post of Sub-Inspector, Police in Home Department under the EWS Category and the name of the applicant was figuring at S.No. 86 of the Provisional Select List issued by respondent No.2 vide its notification dated 29.12.2023 and in pursuance of the aforesaid, the respondent No.4 after taken an undertaking and affidavit from the applicant issued a certificate bearing No. Misc/135 dated 29.12.2023, whereby the respondent No.4 certified that the applicant does not belong to any category define in Clause (M), (N), (O) of section 2 of J&K Reservation Act, 2004 and she does not possess any category such as SC/ST/OBC/RBA/OSC/IB/ALC Except EWS Category during the time period from 11.01.2021 to 10.01.2022.

2. The respondent No.4 suo-moto and without affording any opportunity of hearing to the applicant issued the impugned communication dated 04.01.2024 addressed to the respondent No.2, wherein the respondent No.4 out of nowhere after the issuance of the certificate dated 29.12.2023 and without substantiating anything stated that the certificate dated 29.12.2023 has been inadvertently issued in favour of the applicant and the said certificate may kindly be considered as void ab-initio and he further stated that the applicant may not be allowed to join on the basis of the said certificate as she belongs to clause (o) of section 2 of J&K reservation Act 2004 and residing in the area adjoining actual line of control, which is totally wrong and factually incorrect, as the applicant does not possess the ALC certificate.

3. The applicant is aggrieved of non-inclusion of her name in the final select list bearing Notification No. 01-Selection of 2024 dated 08.01.2024, Notice No. JKSSB-Scry/26/2023- 03(E-7376857) dated 10.01.2024 issued by respondent No.2 and communication No. Misc/138 dated 04.01.2024 issued by respondent No.4 (hereinafter referred to as orders impugned), whereby the candidature of the applicant has been kept at abeyance for the post of Sub-Inspector Police in Home Department, as name of the applicant is not figuring in the impugned final select list.

4. Being aggrieved of non-inclusion of her name in the final select list, the applicant approached this Tribunal through the medium of aforesaid Original Application seeking following relief:-

a. So as to command and direct the respondent No.2 & 3 to declare the applicant as finally selected under the EWS Category for the post of Sub-Inspector, Police (Home Department) being eligible and qualified pursuant to Advertisement No. 06- Notification 2021 dated 21.10.2021 and forward the same to respondent No.1 for her appointment under the EWS Category, as her name was excluded from the final select list, as such, the applicant may kindly be held selected & for appointment under the EWS Category for the post of Sub- Inspector, Police (Home Department) in the interest of justice and fair play.

b. So as to command and direct the respondent No.2 & 3 not to include the less meritorious candidates in the final select list under the EWS Category for the post of Sub-Inspector (Home Department) pursuant to impugned Notification bearing No. JKSSB-Scry/26/2023-03(E-7376857) dated 10.01.2024 as well as their inclusion/selection/appointment may please be set aside and quashed.

c. So as to set aside the impugned communication dated 04.01.2024 passed by the respondent No.4 Tehsildar Mankote District Poonch arbitrarily without any basis and material and with biased and malafide intention and the same being against the principles of natural justice pursuant to which the candidature/selection of the applicant for the post of Sub- Inspector (Home Department) under the EWS Category has been affected badly, as such, the same is required to be set aside.

d. The Hon'ble Tribunal may kindly award such other relief(s) as may be considered appropriate in the circumstances of the present case.

e. Cost of the case