CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 2977/2020 Reserved on: - 24.09.2025 Pronounced on: - 02.02.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

HON’BLE MR. RAM MOHAN JOHRI, MEMBER (A)

NASEER AHMED RUNYAL, Age 30 Yrs S/o Abdul Rashid R/o Halla Maligam Tehsil Pogal Paristan District Ramban …Applicant (Advocate: - Mr. Narinder Kumar Attri)

Versus

1. STATE THROUGH COMMISSIONER CUM SECRETARY Department of Home Government of Jammu and Kashmir, Civil Secretariat Srinagar/Jammu

2. DIRECTOR GENERAL OF POLICE JAMMU/SRINAGAR

3.D.I.G. OF POLICE HGDS/CD & SGRF JAMMU

4. Senior Superintendent of Police, Ramban

5. Sajad Ahmed Wani S/o Abdul Rashid Wani R/o Kaskoot Tehsil Banihal, District Ramban ….Respondents

6. Des Raj S/o Sant Lal Belt No. 5/VHG ....PERFORMA RESPONDENT....

(Advocate:- Mr. Rajesh Thappa, AAG)

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No. 2491/2018 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No/2977/2020 by the Registry of this Tribunal.

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

a) It is therefore most humbly prayed that the petition may kindly be allowed and Writ, Order or direction in the nature of the Certiorari may kindly be issued in favour of the petitioner thereby quashing the selection as well as the appointment of the respondent no. 5 as constable in District Cadre Ramban made pursuant to the selection process initiated vide advertisement notification NO. Pers-A-38/2016/59220-320 dated 8.10.2016.

b) Further Writ of Mandamus commanding the respondents to consider the selection of the petitioner on the post of constable reserved to the extent of 4% horizontally under the category of Voluntary Home Guards advertised vide advertisement notification dated 08.10.2016 as stated supra and further appoint the petitioner as constable with effect from the date the candidates selected and appointed by the respondents pursuant to the advertisement notification 08.10.2016 and accord all the consequential/monetary benefits to the petitioner in the interest of Justice.

c) Any other Writ, Order or direction which this Hon'ble Court deems fit and proper in the light of facts and circumstances of the case may kindly be granted in favour of the petitioner.

3. The facts of the case as pleaded by the petitioner in his pleading are as follows: -

a) The applicant, Naseer Ahmed Runyal, claims to be aggrieved by his non-selection to the post of Constable pursuant to Advertisement Notice No. Pers-A-38/2016 dated 08.10.2016 issued by the Police Headquarters, Jammu & Kashmir, whereby applications were invited for recruitment to the posts of Constables (IRP/Armed/Executive) at the district level, including District Ramban. The applicant asserts that he was entitled to consideration under the horizontal reservation meant for Voluntary Home Guards (VHGs) and that the respondents arbitrarily denied him such benefit.

b) The applicant was enrolled as a Voluntary Home Guard in District Ramban vide Enrolment Order No. 511 of 2008 dated 18.10.2008 under Belt No. 218/VHG. After completing the maximum permissible tenure of six years as prescribed under Section 3(3) of the Jammu and Kashmir Home Guards Act, his services were disengaged vide Order No. 29 of 2015 dated 22.01.2015. Prior thereto, the competent authority had accorded approval for disengagement of fifteen Home Guards, including the applicant, vide order dated 26.11.2014. The applicant was accordingly issued an experience certificate certifying completion of six years of service as a Voluntary Home Guard.

c) Subsequently, the Police Department issued Advertisement Notice dated 08.10.2016 inviting applications for the post of Constable, providing, inter alia, horizontal reservation to the extent of 4% in favour of Voluntary Home Guards who had completed five years of service. The applicant, being a permanent res