The court established that retrospective application of amended selection criteria is unlawful, violating candidates' legitimate expectations and principles of natural justice.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP/WP(C) No. 3197/2015 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and was registered as T.A. No. 61/527/2020 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court with following prayer:

a) “Mandamus, declaring recast Rule 14 (1) of the J&K Civil Services Decentralization and Recruitment Rules, 2010, (as recast vide SRO 342 dated 22.07.2013), ultravires, to the extent it has been applied for short listing/ selection to the posts of Teachers, already advertised (before coming into force of the SRO 342) vide Notification No. 12 dated 28.12.2012;

b) Notification No. 05 dated 02-03.2013; and Notification No. 05 dated 10-05-2013;

c) Mandamus, declaring recast Rule 14 (1) of the J&K Civil Services Decentralization and Recruitment Rules, 2010, (as recast vide SRO 342 dated 22.07.2013), ultravires, to the extent of its providing that short. listing shall be done for all the posts (including for the post of Teachers), on the basis of the marks secured by a candidate in mandatory written test, the same being ultravires to the J&K School Education Subordinate Service Recruitment Rules, 2008, inasmuch recast Rule 14(1) of SRO 342 is in just opposition to the preference clause in the Education Recruitment Rules, 2008.

d) Certiorari, seeking to quash and set aside the Criteria adopted by the SSB for the purpose of selection to fill up the vacancies in the post of Teachers, applications to which were invited vide Notification Nos. 03 of 2012 dated 28-12-2012, 05 of 2013 dated 02-03-2013 and 06 of 2013 dated 10-05-2013, inasmuch as, the criteria had been disclosed (on 19-09-2013) two days after the written test was conducted (on 17-09-2013), to the extent, weightage of 65 points has been allocated for Written test (in contravention of even the recast Rule 14(1) of SRO 342), 02 points to Graduation, 03 points to B.Ed, 02 points to P.G and 02 points to M.Ed for the purpose of selection to the post of Teacher, in contravention of preferential clause, in Schedule-IIB of the Jammu and Kashmir School Education Subordinate Service Recruitment Rules, 2008;

e) Certiorari, seeking to and set aside the Selection of the private respondents, for the post of Teacher, District cadre Jammu, pursuant to Advertisement Notification Nos. 05 of 2013 dated 02-03-2013; inasmuch as, the same has been prepared on the basis of illegal short list, by changing the rules of game in the mid stream of the selection process and to old by applying yet to come into force Rules vacancies; Moreover the selection of the private respondents has been made on the basis of viva voce conducted for the second time.

f) Mandamus, declaring, the Jammu and Kashmir Services Selection Board (Business and Procedure) Regulations, 2013, to the extent, written Test is made mandatory under Regulation 17(1) of the Regulations to the selection process initiated vide Advertisement Notification No. 05 of 2013 dated 02-03-2013 for the post of Teacher, as ultravires, the constitution, Inasmuch as, the Regulations had not even come into force, on the date (i.e. 17-09-2013), the Written Test was conducted and have not come into force even today;

g) Mandamus, declaring the Jammu and Kashmir Services Selection Board (Business and Procedure) Regulations, 2013, to the extent, under Regulation 17(2) of the Regulations, 65