The court established that recruitment must be merit-based and adhere to constitutional principles of equality and fairness, directing re-evaluation of candidates and verification of qualifications.

O R D E R

Per: - Sh. Rajinder Singh Dogra, Judicial Member The instant petitions were initially filed before the Hon’ble High Court of Jammu and Kashmir, and later on these were transferred to this Tribunal, and the petitioners had sought the following reliefs: -

Transferred Application No. 743 of 2020: -

i. to quash Final Select list issued by the respondents which was published in daily English Newspaper "Daily Excelsior" on 16.05.2010 by which the respondents have selected private respondent nos. 8 to 45 for the posts of Physical Education Teachers for District Kathua under open merit category, by issuance of writ of certiorari.

ii. to quash Notification No. DG-YSS/Estt/8197 dated 4.01.2011 which was published in daily English Newspaper "State Times" on 5.1.2011 by which the respondents have selected private respondent nos. 46 to 54 by operating the waiting list and ignored the petitioners who are more meritorious private respondents, by issuance of writ of certiorari,

iii. to issue directions to the respondents to consider the case of petitioners for appointment against the post of Physical Education teachers as the petitioners are qualified, more meritorious, trained and fully eligible and entitled for selection to the post of teachers in open merit category, by issuance of writ of mandamus;

iv. to issue directions to the respondents restraining them to implement Final Select list issued by the respondents which was published in daily English Newspaper "Daily Excelsior" on 20.02.2010 by which the respondents have selected private respondent nos. 8 to 45 for the posts of Physical Education Teachers for District Kathua under open merit category and restraining the respondents to adjust/appoint any person against the vacant post of Physical Education teachers in open merit category and also Notification No. DG-YSS/Estt/8197 dated 4.01.2011 which was published in daily English Newspaper "State Times" on 5.1.2011 by which the respondents have selected RAJAT private respondent nos. 46 to 54 by operating the SINGH waiting list and ignored the petitioners who are more meritorious than the private respondents, by issuance PATHANIA of writ of prohibition;

v. to issue directions to the respondents to produce the original records of selection before this Hon'ble Court by which the respondent have selected private respondents 8 to 54 for the post of Physical Education teachers in District Kathua, by issuance of writ of mandamus;

vi. to declare Final Select list issued by the respondents which was published in daily English Newspaper "Daily Excelsior" on 16.05.2010 by which the respondents have selected private respondent nos. 8 to 45 for the posts of Physical Education Teachers for District Kathua under open merit category and ignored the petitioners who are qualified and more meritorious and trained in the field and Notification No. DG- YSS/Estt/8197 dated 4.01.2011 which was published in daily English Newspaper "State Times" on 5.1.2011 by which the respondents have selected private respondent nos. 46100539 by operating the waiting list and ignored the petitioners who are more meritorious than the private respondents, as ultra virus, illegal, arbitrary, unconstitutional, unjust and contrary to the provisions of law and Rules and against the provisions of principles of natural justice, by issuance of writ of mandamus;

OR

vii. to issue any other writ, order or directions which the Hon’ble Court may deem just and proper in the facts and circumstances of the case in favour of the petitioners and against the respondents with costs.

Transferred Application No. 758 of 2020: -

i. to fnal quash Select list issued by the respondents which was published in daily En