CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 183/2025 Reserved on: - 24.07.2025 Pronounced on: - 11.12.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

1. Narinder Kumar, Aged 30 years, S/o Sh. Roshan Lal Shah, R/o Village Haryal, Kishtwar.

2. Arjan Wazir, Aged 33 years, S/o Late Sh. Baisakhi Ram Wazir, R/o Village Haryal, Kishtwar.

…Petitioners (Advocate: - Mr. Dhruv Pant, Sr. Advocate assisted by Mr. Aniruddh Sharma)

Versus

1. State of Jammu and Kashmir through Commissioner Cum Secretary to Government Home Department, Civil Secretariat Srinagar.

2. Director General of Police J&K Government Srinagar.

3. Inspector General of Police (P), Kashmir Range Srinagar. (Dr. Ram Lubiya Chairman Selection Committee).

4. Mr. Sri-Nivasan, Inspector General of Police, C/O. Directorate General of Police, Srinagar. (Ex. Chairman Selection Committee).

5. Inspector General of Police Jammu Range, Jammu …Respondents (Advocate:- Mr. Hunar Gupta, Ld. DAG)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.790/2013 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.183/2020 by the Registry of this Tribunal.

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

“ It is, therefore, prayed that this Hon'ble Court may be pleased to issue an appropriate writ, order or direction more particularly a direction in the nature of:

(i) Certiorari, quashing the impugned selection list of private respondents published in daily newspaper on August 2, 2009 as also the appointment of the private respondents;

(ii) Mandamus, commanding the respondents Nos. 1 to 5 to fill up all the posts of Constable (Operator) by preparing a combined single merit list in order to merit for the entire state;

iii) Mandamus, commanding the respondents Nos. 1 to 5 to select and appoint the petitioners for the posts of Constable (Operator) advertised vide advertisement notice dated

07.03.2007.

(iv) Mandamus, commanding the respondents Nos. 1 to 5 to produce the entire selection records before this Hon'ble Court;

(v) Any other writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case may also be passed in favour of the petitioners and against the respondents.

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

a) The petitioners, Narinder Kumar and Arjan Wazir, both permanent residents of Dis trict Kishtwar, participated in the selection process initiated by the Jammu & Kashmir Police Telecommunication Organization pursuant to Advertisement Notice dated 07.03.2007 inviting applications for the post of Constable (Operator). The minimum eligibility criteria prescribed included 10+2 with science subjects, age between 18–28 years as on 01.01.2007, along with specified physical measurements and outdoor test requirements. The advertisement further stipulated that candidates found physically fit and fulfilling the standards would be called for a written test of 100 marks, followed by viva-voce carrying 10 marks, and that representation to reserved categories would be given in terms of SRO 294/2005.

b) The petitioners applied pursuant to the said notification, successfully qualified the physical measurement and outdoor tests, and were issued notices to appear in the written examination originally scheduled for 03.08.2008 but later conducted on 29.09.2008. Upon qualifying the written test, they participated in the viva-voce held on 25.02.2009. The petitioners claim that they performed well and legitimately expected selection.

c) However, the final selection list—published in the Daily Excelsior newspaper on 02.08.2009—did not include their names. They allege that the list reflected large-scale illegalities, arbitrariness, and manipulation, including selection of ineligible candidates, deviation from prescribed