Unsuccessful candidates estopped from challenging selection process after voluntary participation without prior objection.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.980/2017 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.1393/2020 by the Registry of this Tribunal.

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

“IN THE PREMISES”

It is, therefore, most respectfully prayed that keeping in view the submissions made hereinabove and those to be urged at the time of hearing, the Hon'ble Court may very kindly be pleased to issue following writs: CERTIORARI: - a. To quash and set aside the selection of the private.

respondents No. 4 to 11 made by the respondent No. 2 and 3 issued vide Notification No. 09-PSC (DR-S) of 2017 dated 14.03.2017, in respect of advertisement No. 01-PSC (DR-P) of 2015 dated 05.01.2015, by the issuance of writ, order or direction in the nature of Ceritorari.

b. MANDAMUS c. To command and direct the respondent No. 2 and 3 to reframe the select list issued dated 14.03.2017 in respect of Advertisement Notice No. 01-PSC (DR-P) of 2015 dated 05.01.2015 within the first 60 candidates short listed on the basis of the merit of screening test, by the issuance of writ, order or direction in the nature of mandamus.

d. To command and direct the respondents to select the petitioners as Asstt. Engineers by reframing the merit with in the zone of consideration i.e 3 candidate/ applicant against one post, by the issuance of writ, order or direction in the nature of mandamus

e. Prayer for the grant of any other interim or final relief as may be deemed appropriate in the circumstances of the case.

3. The facts of the case as pleaded by the petitioners in their pleadings are as follows: -

a) The present Transfer Application arises out of SWP No. 980/2017, originally filed before the Hon’ble High Court of Jammu and Kashmir at Jammu, which upon constitution of this Tribunal came to be transferred and registered as T.A. No. 1393/2020. The applicants assailed the selection process conducted by the Jammu and Kashmir Public Service Commission pursuant to Advertisement Notification No. 01- PSC (DR-P) of 2015 dated 05.01.2015, whereby selections were made to the post of Assistant Engineer (Civil) in the Public Works (R&B) Department.

b) The applicants are qualified Civil Engineers, petitioner No.1 being a graduate from NIT Srinagar and petitioner No.2 being a graduate from Visvesvaraya Technological University with a postgraduate degree in Structural Engineering from BITS Pilani. They applied under the Open Merit category against the aforesaid advertisement, which notified 35 posts in total, including 20 posts under Open Merit. In view of a large number of applications received, the Commission conducted a common screening test on 13.09.2015 for three different notifications relating to Assistant Engineer (Civil) posts issued in the years 2013 and 2015.

c) As per the applicants, the advertisement and the applicable Business and Procedure Rules of the Commission contemplated shortlisting of candidates for viva voce in the ratio of three candidates against one post. It was contended that for the 20 Open Merit posts under Advertisement No. 01-PSC (DR-P) of 2015, only the top 60 candidates based on screening test merit were eligible to be called for interview, the last such candidate having secured 95.95 marks. The applicants claimed that despite this stipulation, a much larger number of candidates were called for interview, including private respondents who had secured marks substantially below the cut-off, and who, according to the applicants, were ineligible to be considered.

d) It was alleged that candidates who d