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2026 Supreme(Online)(CAT) 4833

CENTRAL ADMINISTRATIVE TRIBUNAL
Rajinder Singh Dogra, J, Ram Mohan Johri, Administrative Member
Zafeer Ahmed – Appellant
Versus
State Of Jammu And Kashmir – Respondent
Transfer Application No. 7931/2021

Advocates:
For the Appellants/Petitioners: M.I. Sherkhan
For the Respondents: Hunar Gupta

A candidate who participates in a selection process with full knowledge of its terms, conditions, and reservation criteria is barred by the principle of estoppel and acquiescence from challenging the process upon being declared unsuccessful.

Headnote:(A) Constitution of India - Articles 14 and 16 - Selection process - Participation in selection - Estoppel - Principles of - Candidates participating in recruitment process with full knowledge of criteria and methodology cannot assail the same after being declared unsuccessful.

(B) Administrative Law - Judicial Review - Scope and ambit - Courts do not sit as appellate authorities over selection processes and will not interfere unless the process is tainted by clear illegality, arbitrariness, or proved mala fides - The burden of proving allegations of manipulation lies heavy on the applicant.

(C) Service Law - Recruitment - Right to appointment - Mere inclusion in a merit list does not confer an indefeasible right to appointment - Unsuccessful candidates cannot claim appointment as a matter of right.

(D) Civil Procedure - Necessary Parties - Non-joinder - A challenge to an entire select list without impleading all affected successful candidates, particularly the last selected ones, suffers from a fatal defect.

Facts of the case:
The applicants challenged the selection of Constables in the J&K Executive Police (District Poonch), contesting the horizontal reservation provided to SPOs and Home Guard Volunteers and alleging manipulation of height measurements and merit scores. The respondents contended that the applicants participated in the process, failed to meet the required cut-off marks, and one applicant had not even applied.

Findings of Court:
The Tribunal held that the applicants' challenge to the selection criteria was barred by the principle of estoppel and acquiescence, as they had knowingly participated in the selection. The allegations of manipulation remained unsubstantiated, and the application suffered from non-joinder of necessary parties.

Issues: Whether the applicants could challenge the selection criteria after participation; whether the allegations of manipulation in height measurement and merit were substantiated; and whether a mandamus for appointment is maintainable.

Ratio Decidendi: A candidate who takes part in a selection process with full knowledge of its terms and conditions is precluded from challenging the process after failing to secure a position. Judicial review in recruitment is confined to the decision-making process, and claims of mala fides require concrete proof.

Result: Application dismissed.

Table of Content
1. overview of the background, pleadings, and the specific relief sought by the applicants regarding the selection process. (Para 1 , 2 , 3 , 4)
2. application of the principle of estoppel when a candidate challenges selection criteria post-participation. (Para 5 , 6 , 7 , 8)
3. scope of judicial review and the burden of proving allegations of manipulation in recruitment. (Para 9 , 10 , 11)
4. legal necessity of impleading affected parties and the lack of indefeasible right to public appointment. (Para 12 , 13 , 14 , 15 , 16)

ORDER

Per: - Ram Mohan Johri, Administrative Member

1. The SWP No.956/2011 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.7931/2021 by the Registry of this Tribunal.

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

I. Writ of certiorari, quashing the selection of private respondents as constables in J&K police District Cadre Poonch (Executive) made under ALC/RBA category and list was issued on 23.10.2010., being illegal. arbitrary, issued with malafide intention and in violation of law, in violation of reservation rules and advertisement notice. And may also quashing the advertisement notice to the extent of 1 5% reservation to Special Police Officers (SPOs) on horizontal basis to the extent of ALCRBA category candidates and 49% reservation to the Home Guard Volunteers, issued vide Govt Order No. Home/ PB-III/ 62/9/ 2008, dated 25.09.2009.

II. Writ of mandamus, commanding the respondents to select and appoint to the petitioners as constables in J&K Executive Police in District Cadre Poonch under open/ALCI RBA categories being meritorious candidates retrospectively along with all emoluments of service including the monetary benefits .And may also commanding the respondent No.2 and 3 to conduct the re-measurement of the height of the petitioners.

III. 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 issued in favour of the petitioners and against jhe respondents.

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

a) The present Transfer Application arises out of SWP No. 956/2011, which stood transferred from the Hon’ble High Court of Jammu and Kashmir and came to be registered before this Tribunal as TA No. 7931/2021. The applicants call in question the selection of private respondents as Constables in J&K Executive Police, District Cadre Poonch, pursuant to advertisement notice dated 07.04.2010, and also assail the selection process to the extent horizontal reservation was provided to Special Police Officers and Home Guard Volunteers. The relief claimed is for quashing of the impugned select list dated 23.10.2010, for setting aside the reservation to the extent challenged, and for a direction to appoint the applicants as Constables with all consequential benefits, besides re-measurement of their height.

b) The case set up by the applicants is that, in response to advertisement notice No. DIPJK-289/10 and No. Pers-A212010/14804-903 dated 07.04.2010, applications were invited for recruitment to the post of Constable in J&K Police, including for District Cadre Poonch. According to them, they applied pursuant to the said advertisement, were found eligible, and participated in the prescribed physical measurement test and outdoor test. As per the advertisement, the minimum educational qualification and the criteria for physical tests, weightage for height, educational qualification, additional qualification, and service as SPOs/Home Guard Volunteers were clearly laid down. The advertisement further provided reservation in favour of Scheduled Caste, Scheduled Tribe, RBA, ALC and Social Caste categories, and also contemplated horizontal reservation for eligible SPOs and Home Guard Volunteers.

c) It is pleaded by the applicants that, on the basis of the criteria notified in

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2026 Supreme(Online)(CAT) 4833

CENTRAL ADMINISTRATIVE TRIBUNALRajinder Singh Dogra, J, Ram Mohan Johri, Administrative MemberZafeer Ahmed – AppellantVersusState Of Jammu And Kashmir – RespondentTransfer Application No. 7931/2021

A candidate who participates in a selection process with full knowledge of its terms, conditions, and reservation criteria is barred by the principle of estoppel and acquiescence from challenging the process upon being declared unsuccessful.

CENTRAL ADMINISTRATIVE TRIBUNAL
Rajinder Singh Dogra, J, Ram Mohan Johri, Administrative Member
Zafeer Ahmed – Appellant
Versus
State Of Jammu And Kashmir – Respondent
Transfer Application No. 7931/2021