Participation in selection process with knowledge of criteria estops candidates from challenging it after failure.

ORDER Per: - Ram Mohan Johri, Administrative Member

1. The SWP No. 2592/2013, 1803/2013 & 1644/2016 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.7548/2021, 165/2023 & 451/2022 respectively by the Registry of this Tribunal.

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

1. TA/7548/2021

In is, therefore, most respectfully prayed that the Hon'ble Court may kindly be pleased to;

It is, therefore, most humbly prayed that a writ of Certiorari may very kindly be issued by quashing the selection and appointment of private respondents as IVth Class Employees in various departments vide selection list published in news paper by Deputy Commissioner, Kathua vide his no. DIPJ-3076 dated 30.07.2013, on 31.07.2013.

And Further issuance of writ of Mandamus by commanding the official respondents to select and appoint the petitioners as IVth class employees in District Kathua Any other writ, order or direction which this Hon'ble Court may deems fit and proper in the facts and circumstances of the case be passed in favour of the petitioners.

2. TA/165/2023

It is most humbly prayed that an appropriate writ, direction or order in the nature of Certiorari may very kindly be issued quashing the selection and appointment of private respondents. A Writ of Mandamus may also be kindly issued commanding the official respondents to select and appoint the petitioners as IVth Class Employees in District Kathua, with further direction to the official respondents that in case the overage of the petitioners 2,3,4 comes in the way of appointment of the petitioners 2,3,4 in that case that be got relaxed.

Any other writ, direction or order which in the facts and circumstances of the case this Hon'ble Court deems fit, the same be also granted in favour of the petitioners.

3. TA/451/2022

“It is, therefore, most humbly prayed that a Writ of Certiorari may very kindly be issued by quashing the selection and appointment of private respondent as IVth Class Employees District Kathua vide selection list published in News paper by Deputy Commissioner, Kathua vide his No.DIPJ-3076 dated 30.07.2013, on 31.07.

And further issuance of Writ of Mandamus by commanding the official respondent to select and appoint the petitioner as IVth Class employees in District Kathua.

AND With a further prayer of an appropriate Writ, directions and order as deemed fit and proper in the nature and the circumstances of the case.”

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

a) The present bunch of matters arises out of three writ petitions, namely SWP No. 2592/2013, SWP No. 1803/2013 and SWP No. 1644/2016, which, upon transfer from the Hon’ble High Court of Jammu & Kashmir, came to be registered as T.A. No. 7548/2021, T.A. No. 165/2023 and T.A. No. 451/2022 respectively before this Tribunal .

b) The grievance of all the applicants in the present batch pertains to the selection and appointment to Class-IV posts in District Kathua pursuant to Advertisement Notice No. 01 of 2006 dated 22.04.2006 issued by the Deputy Commissioner, Kathua, who was functioning as Chairman of the District Level Class-IV Appointment Committee under Government Order No. 42- GAD of 2006 dated 09.01.2006.

c) The said Government Order was issued in furtherance of Cabinet Decision dated 19.02.2005, whereby a mechanism was devised for filling up Class-IV posts on a fast-track basis. The order contemplated constitution of District Level Committees headed by the Deputy Commissioners and manda