Operation of a waiting list must be fair and non-arbitrary. A vacancy protected by a judicial order creates a legitimate expectation for eligible candidates in the zone of consideration, necessitating appointment based on merit and law.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.1749/2017 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.7536/2021 by the Registry of this Tribunal.

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

a) “ to quash the order No. 2054 of 2017 dated 21.06.2017 issued by the respondents by which the respondents have shifted the respondents Nos. 8 to 10 from their respective reserved categories to open merit category i.e. for RBA and ALC for the post of constable in J&K Executive/Armed Police and selected them under open category by operating the waiting list and also to quash the selection of respondents Nos. 10 to 13 who have been selected as Constable while operating the waiting list, by issuance of writ of certiorari;

b) to issue directions to the respondents to operate the waiting list in case of petitioner for the post of Constable J&K Executive/Armed Police as the petitioner is at Sr. No. 2 in the waiting list and the respondents Nos. 5 to 7 have not joined in pursuance of their selection as Constable and to give the similar treatment to the petitioner as is given to Jasmeen Akhtar, who is at Sr. No. 1 in the waiting list, by issuance of writ of mandamus;

c) to declare the order No. 2054 of 2017 dated 21.06.2017 issued by the respondents by which the respondents have shifted the respondents Nos. 8 to 10 from their respective reserve categories to open merit category i.e. for RBA and ALC for the post of constable in J&K Executive/Armed Police and selected them under open category by operating the waiting list and also to quash the selection of respondents Nos. 10 to 13 who have been selected as constable while operating the waiting list, 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 petitioners 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. 1749/2017, originally filed before the Hon’ble High Court of Jammu and Kashmir at Jammu, which upon reorganisation of the State stood transferred and registered as TA No. 7536/2021 before this Tribunal.

b) The applicant, Meetu Sharma, is a permanent resident of the erstwhile State of Jammu and Kashmir and belongs to the Open Merit category. He possesses the requisite educational qualification of 10+2 and was fully eligible to apply for the post of Constable in J&K Police (Executive/Armed) pursuant to Advertisement Notification No. Pers/A/117/2015/47322-422 dated 25.08.2015 issued by the Police Headquarters, J&K. The recruitment was governed by the Jammu and Kashmir Special Recruitment Rules, 2015 notified vide SRO 202 dated 30.06.2015.

c) As per the advertisement, district-wise and category-wise vacancies were notified for District Rajouri. Under the Executive Police, 49 posts were advertised, including 28 posts under Open Merit, while under Armed Police, 149 posts were advertised, including 84 posts under Open Merit. The applicant applied under the Open Merit category for District Rajouri and was allotted Roll No. 2703124. After qualifying the PET/PST, the applicant appeared in the written examination conducted on 20.03.2016 and secured 60 marks.

d) The responde