Candidates cannot challenge a selection process post-participation, especially after failing to qualify based on established criteria.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP/WP(C) No. 2873/2019 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and was registered as T.A. No. 61/7139/2021 by the Registry of this Tribunal.

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

a) Certiorari for quashing the provisional select list of Fisheries Guards, Chowkidars and Orderlles in the Fisheries Department issued under endorsement No. ADF/P/2013/423-29 dated 16- 12-2013 and published in the Columns of the Daily Newspaper "Kashmir Times" dated 19-12-2013.

b) Mandamus commanding the respondents No. 1 to 3 to appoint the petitioner as Fisheries Guard upon considering him for such appointment in the face of his educational qualification, performance in the interview and over all merit obtained by the petitioner in the academics.

c) The Hon'ble Court may, in the facts and circumstances of the case, be pleased to grant any other alternate/additional relief in favour of the petitioner in order to meet the ends of justice.

3. The facts of the case as averred by the petitioner in his pleadings are as follows:

a) The petitioner is a permanent resident of the erstwhile State of Jammu and Kashmir and is legally competent to file the present writ petition seeking enforcement of his legal and fundamental rights guaranteed under the Constitution. The grievance of the petitioner arises from the selection process initiated pursuant to Notification No. 02-Fisheries of 2013 dated 24.07.2013, whereby applications were invited from eligible permanent residents of the State for direct recruitment to various Class-IV posts, including the post of Fisheries Guard in the Fisheries Department. As per the said notification, three posts of Fisheries Guards were shown for District Poonch under the Open Merit category.

b) The petitioner, being fully eligible, submitted his application in the prescribed manner and provided all requisite details regarding his academic and other relevant qualifications. Upon scrutiny of the submitted documents, the petitioner was found eligible, and his name appeared at Serial No. 4 in the shortlist published in the Daily Newspaper Kashmir Times dated 18.11.2013. The petitioner was accordingly called for an interview scheduled on 21.11.2013, in which he participated and claims to have performed exceptionally well.

c) The petitioner possesses an impressive academic record, having secured 76.6% marks in the Matriculation Examination (Roll No. 415033) and 77.6% marks with distinction in the 10+2 Examination (Roll No. 409734). He is also stated to be an alumnus of an Army School, where his performance and discipline were duly appreciated. On this basis, the petitioner claims to be a meritorious and deserving candidate for selection to the post of Fisheries Guard.

d) However, to the petitioner’s shock and dismay, a provisional select list was issued under endorsement No. ADF/P/2013/423- 29 dated 16.12.2013 and published in the Kashmir Times dated 19.12.2013, wherein respondents No. 4 to 6 were selected for appointment as Fisheries Guards under the Open Merit category. The petitioner claims that respondents No. 4 to 6 were academically and merit-wise inferior to him and had performed poorly or not at all in the interview.

e) It is further submitted by the petitioner that Respondents No. 1 to 3, while issuing the provisional select list, did not consider his superior merit and performance, thereby acting arbitrarily and with a non-application of mind. The petitione