Candidate participating in selection process estopped from challenging it post non-selection on merits.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.540/2010 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.599/2020 by the Registry of this Tribunal.

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

i) to quash select list issued by respondent no. 6, which was published in daily English Newspaper "Daily Excelsior" on September 8, 2009, by which the respondents have issued select list for the post of Naib Tehsildar vide Advertisement of the year 2002, 2005 and 2008 respectively and ignored the petitioner, by issuance of writ of certiorari;

ii) to quash Notification no. FC(A)/Misc-74/2009 dated 22.10.2009 issued by respondent no. 3 by which the Chairman, SSRB has forwarded the list for issuance of appointment orders in favour of the selected candidates and directed the candidates to appear before Financial Commissioner (Revenue) up to 30.10.2009, by issuance of writ of certiorari;

iii) to issue directions to the respondents restraining them to implement Notification issued by respondent no. 6, which was published in daily English Newspaper "Daily Excelsior" on September 8, 2009, by which the respondents have issued select list for the post of Naib Tehsildar vide Advertisement of the year 2002, 2005 and 2008 respectively and also Notification no. FC(A)/Misc-74/2009 dated 22.10.2009 issued by respondent no. 3 by which the Chairman, SSRB has forwarded the list for issuance of appointment orders in favour of the selected candidates and directed the candidates to appear before Financial Commissioner (Revenue) up to 30.10.2009, by issuance of writ of prohibition;

iv) to issue directions to the respondents to consider the case of the petitioner for selection/appointment to the post of Naib Tehsildar State Cadre under RBA category as the petitioner is more meritorious and belongs to RBA category, by issuance of writ of mandamus;

to issue directions to the respondents to produce the origin record of selection for the post of Naib Tehsildar State Cadre before this Hon'ble Court, by issuance of writ of mandamus;

vi) to declare Select List issued by respondent no. 6, which was published in daily English Newspaper "Daily Excelsior" on September 8, 2009, by which the respondents have issued select list for the post of Naib Tehsildar vide Advertisements of the year 2002, 2005 and 2008 respectively and also Notification no. FC(A)/Misc-74/2009 dated 22.10.2009 issued by respondent no. 3 by which the Chairman, SSRB has forwarded the list for issuance of appointment orders in favour of the selected candidates and directed the candidates to appear before Financial Commissioner (Revenue) up to 30.10.2009 and ignored the petitioner, who is fully eligible and entitled for the same under RBA category and the petitioner has done Matric with Urdu and also done M. Sc.(Geography), 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 tal Jammu Bench, OU-Cou stalCode120001 EET Op secretary Camp offco 2s 1b 0G0e2084ad0S04247 4554419089137 70700128), circumstances of the case in favour of the petitioner and against the respondents with costs.

3. The facts of the case as pleaded by the