Central Administrative Tribunal - Jammu
Vinay Raina vs D/O Economics & Statistics on 27 April, 2026
:: 1 :: O.A. No. 72/2021
-CENTRAL ADMINISTRATIVE TRIBUNAL
JAMMU BENCH, JAMMU
(RESERVED)
Hearing through video conferencing
Original Application No. 72/2021
Reserved on:- 29.12.2025
Pronounced on: - 27.04.2026
HON'BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)
HON'BLE MR. RAM MOHAN JOHRI, MEMBER (A)
Vinay Raina Age 31 years, S/o Bharat Bhushan Raina, R/o Jagti
Township, Jammu.
...Applicant
(By Advocate: - Ms. Shivani Jalali, Sr. Adv)
VERSUS
1. Union Territory of Jammu and Kashmir through the Commissioner
cum Secretary Statistics and Economics, Civil Secretariat, Jammu and
Kashmir, Jammu. 180001.
2. Union Territory of Jammu and Kashmir, through the commissioner,
Relief and Rehabilitation, Canal Road, Jammu. 180016.
HARSHIT Digitally signed by
YADAV HARSHIT YADAV
:: 2 :: O.A. No. 72/2021
3. Director General, Economics and Statistics Benina Srinagar, Camp
Officer, Bhawani Nagar, Janipur, Jammu. 180007.
4. Jammu and Kashmir, Service Selection Recruitment Board, Sehkari
Bhawan, Rail Head Complex, Panama Chowk, Jammu. Through its
chairman. 180012.
5. Secretary, Service Selection Recruitment Board, Sehkari Bhawan,
Rail Head Complex, Panama Chowk, Jammu. 180012.
6. Akansha Sadhu, D/o A.K Sadhu, R/o House no. 10, Talab Tillo Sadhu
Niwas, Tormal, Borhi, Saraswati Vihar, Jammu-180002.
...Respondents.
(By Advocate: - Mr. Rajesh Thappa, learned A.A.G./ Mr. Hunar
Gupta, learned D.A.G. Mr. Raghu Mehta, Sr. CGSC)
HARSHIT Digitally signed by
YADAV HARSHIT YADAV
:: 3 :: O.A. No. 72/2021
ORDER
Per: - Ram Mohan Johri, Administrative Member
1. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs: -
a) "An Appropriate order in the nature of a direction directing the respondents to allow the petitioner to submit his original documents for verification to the post of Junior Statistical Assistant, Kashmir division advertised vide Advertisement Notification No 04/2017 against item code 154.
b) To direct the respondents to thereafter appoint him to the post of Junior Statistical Assistant owing to his figuring in the select list dated 8-9-2019 at serial No 7.
c) To direct the respondent Board to set aside and quash the order No DIP/J-9371/2020 dated 30-12-2020 where by the respondent No 3 has decided to appoint the private respondent HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 4 :: O.A. No. 72/2021 in place of the applicant/ petitioner which is in violation of the fundamental rights of the petitioner.
d) Any other order which the Hon'ble Tribunal may deem fit. and proper may also be passed in favour of the applicant and against the respondents."
2. The facts of the case as averred by the applicant in his pleadings, are as follows: -
a) The case of the applicant, as pleaded in the Original Application, is that the post in question formed part of the Prime Minister's Special Package for relief and rehabilitation of Kashmiri migrants. Pursuant to Advertisement Notification No. 04 of 2017, the applicant, claiming to be fully eligible, applied for the post of Junior Statistical Assistant, Divisional Cadre Kashmir, under Item Code 154 in the Economics and Statistics Department. He appeared in the written examination conducted on 18.04.2018. Thereafter, a select list dated 08.09.2019 came to be issued for appointment to the said post, and according to HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 5 :: O.A. No. 72/2021 the applicant, he figured therein at Serial No. 7. The select list required the selected candidates to submit their original documents within 21 days for scrutiny and verification, as a precursor to issuance of appointment orders.
b) It is the further case of the applicant that because of the communication blockade imposed in the erstwhile State of Jammu and Kashmir after 05.08.2019, including snapping of mobile, internet and related communication services, he could not come to know of the issuance of the select list in time and, consequently, could not present himself for document verification within the stipulated period. According to him, the omission was neither deliberate nor intentional, but was occasioned by circumstances wholly beyond his control. He pleads that only in March, 2020, after partial restoration of communication facilities, did he learn that he had been selected for the said post. Thereafter, he immediately started pursuing the matter with the authorities by way of representations, requesting that he be permitted to produce his original HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 6 :: O.A. No. 72/2021 documents and be issued appointment order against the post for which he had already been selected.
c) The applicant further pleads that despite submission of representations to the concerned authorities, including the Finance Department and the administrative department, no effective relief was granted to him. On the contrary, he came to know of a communication dated 04.12.2020 whereby the department was asked to proceed further in the matter, and thereafter, by order dated 30.12.2020, the respondents decided to fill the post by appointing the private respondent in place of the applicant. The applicant challenges the said action on the ground that once he had been duly selected, denial of an opportunity to submit original documents, particularly in the exceptional circumstances pleaded by him, was arbitrary and unjust. His case is that the post had remained available and the respondents ought to have granted him one further opportunity for verification of documents instead of substituting him with another candidate.
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3. The respondents have filed their written statement wherein they have averred as follows: -
a) On merits, the respondents submit that the Service Selection Board had forwarded the selection list for the post of Junior Statistical Assistant under the PM's Special Package vide communication dated 11.05.2019, in which the applicant figured at Serial No. 9 in Open Merit. Thereafter, the Planning, Development and Monitoring Department conveyed approval for appointment of the selected candidates, and the Directorate of Economics and Statistics issued a notification dated 05.09.2019 calling upon 25 selected candidates, including the applicant, to submit their original documents within 21 days.
b) According to the respondents, out of the 25 selected candidates, only 18 submitted their original documents within the prescribed period, whereas 7 candidates, including the applicant, failed to do so. Consequently, appointment orders were issued only in favour of those 18 candidates whose HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 8 :: O.A. No. 72/2021 documents were received and verified. It is stated that thereafter the Directorate sought permission to operate the waiting list against the unfilled vacancies, which permission was granted by the Finance Department on 24.08.2020. On the basis of such approval, the waiting list was operated and further appointment orders were issued in October, 2020 in favour of candidates falling within the waiting zone.
c) The respondents further state that the case of the applicant was separately examined by the department and was referred for opinion to the General Administration Department. The General Administration Department, vide its opinion communicated on 04.12.2020, advised that since the applicant had failed to produce the requisite documents in time and no appointment order had ever been issued in his favour, the question of condoning delay in joining did not arise. It was opined that due to failure to submit documents within time, the applicant had lost his claim to consideration for appointment, and further that the selection list released on 11.05.2019 had HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 9 :: O.A. No. 72/2021 lost its validity on 11.05.2020 in terms of the J&K Civil Services Decentralization and Recruitment Rules, 2010. On that basis, the respondents justify the action taken by them in proceeding with the waiting list and deny that the applicant has any surviving enforceable right to appointment. The respondents, therefore, pray for dismissal of the Original Application.
4. Heard learned counsel for the parties and perused the pleadings made by them.
5. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking, in substance, a direction to the respondents to permit him to submit his original documents for verification in respect of the post of Junior Statistical Assistant, Divisional Cadre Kashmir, advertised under Advertisement Notification No. 04 of 2017, Item Code 154, and thereafter to consider and appoint him on the basis of his selection. He has also sought quashment of the order dated 30.12.2020 whereby the respondents HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 10 :: O.A. No. 72/2021 decided to fill the post by appointing the private respondent in his place.
6. The case of the applicant, as pleaded, is that the post in question was advertised under the Prime Minister's Special Package meant for relief and rehabilitation of Kashmiri migrants. The applicant, claiming eligibility in all respects, applied for the post of Junior Statistical Assistant and participated in the written examination conducted on 18.04.2018. Thereafter, a select list dated 08.09.2019 came to be issued for 25 candidates, and according to the applicant, his name figured in the said select list. The selected candidates were required to submit their original documents within 21 days for scrutiny and verification before issuance of appointment orders.
7. The grievance of the applicant is that immediately after the events of August, 2019, there was a complete communication blockade in the Union Territory of Jammu and Kashmir, with mobile and internet services remaining snapped for considerable time, because of which he could not know about the issuance of the select list and could not submit his documents within the stipulated period. According to him, HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 11 :: O.A. No. 72/2021 the omission was neither deliberate nor wilful, but was occasioned entirely by circumstances beyond his control. He further pleads that only in March, 2020, upon resumption of communication services, did he learn about his selection, whereafter he began submitting representations to the authorities requesting that he be permitted to produce his original documents and be considered for appointment. He also pleads that the matter remained pending, and despite his repeated requests, the respondents proceeded to fill the post by appointing the private respondent through the impugned order dated 30.12.2020.
8. The respondents have resisted the Original Application. Their stand is that the applicant failed to submit the requisite documents within the stipulated time despite the notification issued for that purpose. According to the respondents, although 25 candidates had been selected, only 18 submitted their documents within time, whereafter appointment orders were issued in favour of those 18 candidates. The department thereafter sought approval to operate the waiting list against the remaining vacancies, which approval was granted, and HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 12 :: O.A. No. 72/2021 appointments were subsequently made from the waiting list as well. It is also pleaded that the matter regarding the applicant was referred to the General Administration Department, which opined that since no appointment order had been issued in favour of the applicant and he had failed to produce the documents in time, he had lost his right to be considered, and further that the select list had lost its validity on expiry of one year from 11.05.2019. On that basis, the respondents justify the impugned action and pray for dismissal of the O.A.
9. The basic facts are not seriously in dispute. It is not denied by the respondents that the applicant had participated in the selection process and that his name did find place in the select list forwarded by the Service Selection Board. There is some discrepancy in the pleadings regarding the exact serial number at which the applicant figured in the list, the applicant mentioning one serial number and the respondents another, but that discrepancy is not material for the controversy at hand. The core issue is whether, in the peculiar facts of the case, the applicant's failure to submit original documents within time should have resulted in his complete ouster from consideration.
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10. It is true that mere inclusion in a select list does not confer an indefeasible right to appointment. It is equally true that where a selected candidate does not comply with essential requirements within the time prescribed, the employer cannot ordinarily be faulted for proceeding further in accordance with rules. However, that principle cannot be applied mechanically, divorced from the facts of a particular case. Administrative action must remain fair, reasonable and informed by the surrounding circumstances.
11. In the present case, the explanation offered by the applicant is not some casual or vague plea. His case is that because of the extraordinary situation prevailing in the Union Territory after August, 2019, marked by suspension of communication facilities, he remained unaware of the select list and therefore could not report for document verification. The record also shows that after claiming to have come to know of his selection in March, 2020, he did approach the authorities by way of representations. The matter was considered at departmental level and even referred to the General Administration Department for HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 14 :: O.A. No. 72/2021 opinion. This itself shows that the claim of the applicant was not treated as wholly frivolous or non-existent by the official respondents.
12. At the same time, this Tribunal cannot lose sight of the further fact that the respondents have already proceeded to operate the waiting list and have issued appointment orders in favour of candidates falling in the waiting zone. The private respondent was also brought in pursuant to the impugned decision. In such circumstances, a blanket direction for appointment of the applicant straightway would not be justified, especially when third-party rights have intervened. The Court must balance equities. The applicant cannot be left remediless if his explanation deserved fair consideration, but equally the appointments already made ought not to be unsettled lightly in the absence of any broader challenge to the entire process.
13. The stand taken by the respondents that the applicant had completely lost his right and that nothing survived for consideration appears, in the facts of this case, to be unduly rigid. The authorities were required to examine whether, having regard to the exceptional circumstances pleaded by the applicant and the nature of the special package HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 15 :: O.A. No. 72/2021 selection, a limited equitable consideration could still be extended to him, particularly if a vacancy/post remained available. What was required was a fair, reasoned and humane approach, not merely a technical rejection. The impugned decision, to the extent it closes the matter altogether without preserving such limited consideration, cannot be sustained in its absolute form.
14. This Tribunal is therefore of the view that the ends of justice would be met if the applicant is granted a limited relief. Such relief, however, has to be carefully moulded. The applicant cannot be granted an unconditional appointment. He can only be granted a direction for consideration, and that too subject to availability of an appropriate vacancy/post, eligibility, and successful verification of his original documents. Further, any such exercise must be undertaken without disturbing the appointments already made, including that of the private respondent.
15. Accordingly, the Original Application is disposed of with the following directions:
HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 16 :: O.A. No. 72/2021
a) The respondents shall permit the applicant to submit his original documents in support of his candidature for the post of Junior Statistical Assistant under Advertisement Notification No. 04 of 2017, Item Code 154, within a period of 08 weeks from the date of receipt of a certified copy of this order.
b) On such documents being submitted, the respondents shall examine the case of the applicant afresh and take a reasoned decision as to whether he can be considered for appointment against any available vacancy/post or under a vacancy due to arise in future under the concerned selection/package, strictly in accordance with rules and subject to fulfillment of eligibility and verification requirements.
c) In the event a suitable vacancy/post is available and the applicant is otherwise found eligible, the respondents shall consider issuance of appointment order in his favour in accordance with law.
d) It is made clear that this order does not confer any automatic right of appointment upon the applicant, nor shall it be HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 17 :: O.A. No. 72/2021 construed to require the respondents to dislodge or cancel any appointment already made in favour of any selected or waiting-
list candidate, including the private respondent.
e) The aforesaid exercise shall be completed within a period of 12 weeks thereafter.
16. With the aforesaid observations and directions, the Original Application stands disposed of. No order as to costs.
(RAM MOHAN JOHRI) (RAJINDER SINGH DOGRA)
Administrative Member Judicial Member
/harshit /
HARSHIT Digitally signed by
YADAV HARSHIT YADAV