Unsuccessful candidates estopped from challenging selection after participation without proof of fundamental illegality; limited judicial review of expert committees.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.456/2017 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.200/2024 by the Registry of this Tribunal.

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

i) to quash order No. BGSBU/Reg/Estab/16/4928-31 dated 23.08.2016 issued by the respondent No. 3 by which the respondents have selected the private respondents No. 4 to 9 for the post of Assistant Professor, Electronics & communication Engineering held on 04.06.2016 and also the order No. BGSBU/Reg/Estab/16/6315-24 dated 26.08.2016, order No. BGSBU/Reg/Estab/16/6325-34 dated 26.08.2016, order No. BGSBU/Reg/Estab/16/6325-44 dated 26.08.2016, order No. BGSBU/ Reg /Estab /16/ 6345-54 dated 26.08.2016, order No. BGSBU/ Reg/Estab/16/6355-64 dated 26.08.2016 and order BGSBU/Reg/ Estab/16/6365-74 dated 26.08.2016 by which the private respondents have been appointed as Assistant Professor, Electronics & Communication Engineering in the Pay band of Rs. 15600- 39100/- with Academic Grade of pay of Rs. 6,000/-, by issuance of writ of certiorari;

ii) to issue directions to the respondents to consider the case of the petitioner for selection/appointment on the post of Assistant Professor, Electronics & Communication Engineering as the petitioner is fully eligible, entitled qualified and having experience more meritorious for the post of Assistant Professor, Electronics & communication Engineering, by issuance of writ of mandamus;

iii) to issue directions to the respondents to produce the original record of selection before this Hon'ble Court by which the respondents have selected private respondents for the post of Assistant Professor, Electronics & Communication Engineering, by issuance of writ of mandamus;

iv) to declare the order No. BGSBU/Reg/Estab/16/4928-31 dated 23.08.2016 issued by the respondent No. 3 by which the respondents have selected the private respondents No. 4 to 9 for the post of Assistant Professor, Electronics & communication Engineering held on 04.06.2016 and also the order No. BGSBU/Reg/Estab/16/6315-24 dated 26.08.2016, order No. BGSBU/Reg/Estab/16/6325-34 dated 26.08.2016, order No. BGSBU/Reg/Estab/16/6325-44 dated 26.08.2016, order No. BGSBU/ Reg /Estab /16/ 6345-54 dated 26.08.2016, order No. BGSBU/ Reg/Estab/16/6355-64 dated 26.08.2016 and order BGSBU/Reg/ Estab/16/6365-74 dated 26.08.2016 by which the private respondents have been appointed as Digitaly signed by Assistant Professor, Electronics & Communication Engineering in the Pay band of Rs. 15600- 39100/- with Academic Grade of pay of Rs. 6,000// as the petitioner is fully eligible, entitled qualified and having experience more meritorious for the post of Assistant Professor, Electronics & communication Engineering, 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, AND Any other writ, order or directions as the Hon'ble Court may deem fit and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner and against the respondents with cost.

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

a) The present Transfer Application arises out of SWP No. 456/2017, which stood transferred from the Hon’ble High Court of Jammu & Kashmir and was registered as T.A. No. 200/2024 before this Tribunal

b) The applicant, a permanent resident of