Central Administrative Tribunal - Jammu
Harsh Dev Bhau vs Jammu & Kashmir Police on 3 February, 2026
:: 1 :: TA 670/2020
CENTRAL ADMINISTRATIVE TRIBUNAL
JAMMU BENCH, JAMMU (RESERVED)
Hearing through video conferencing
Transfer Application No. 670/2020
Reserved on: - 17.11.2025
Pronounced on: - 03.02.2026
HON'BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)
HON'BLE MR. RAM MOHAN JOHRI, MEMBER (A)
1. Harsh Dev Bhau, age 26 years S/o Shri Shyam Singh Bhau R/o Village
Chak Malal, Tehsil Khour District Jammu.
2. Sourabh Singh Chib, iage 23 years S/o Shri Narinder Singh Chib R/o
Village Sidher, Tehsil R.S. Pura District Jammu
3. Abhishak, age 23 years S/o Davinder Kumar R/o Paloura, Jammu.
4. Nitin Kumar, age 24 years S/o Rachhi Pal R/o Main Chowk Paloura
near Govt. Hr. Sec. School, Jammu.
5. Shubam Mahajan, age 24 years S/o Shri Ajay Kumar Gupta R/o Village
Sujmatana Ramsoo, Tehsil Ukhral District Ramban.
6. Deepak Jalotra, age 27 years S/o Dharam Paul R/o Parwah P/O
Sangrampur Tehsil Marh District Jammu.
...Applicants
(Advocate: - Mr. D K Khajuria)
Versus
Digitally signed by HARSHIT YADAV
HARSHIT
DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master,
PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="
Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone=
f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f,
SERIALNUMBER=
317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8,
YADAV
[email protected], CN=HARSHIT YADAV
Reason: I am the author of this document
Location:
Date: 2026.02.04 10:13:05+05'30'
Foxit PDF Reader Version: 2025.2.0
:: 2 :: TA 670/2020
1. State of Jammu and Kashımir, Through Secretary/Commissioner,
Home Department J&K Government, Civil Secretariat, Jammu.
2. Commissioner/Secretary, General Administration Department, J&K
Govt. Civil Secretariat, Jammu.
3. Service Selection Board through its Chairman having its Head
Office at Sehkari Bhavan, Rail Head, Jammu.
4. Service Selection Board Divisional Office, Jammu Division opposite
BSF Paloura, Jammu.
5. Director General of Police, J&K State, Gulshan Ground, Jammu.
6. Police Recruitment Board through its Chairman C/o Director
General of Police, Gulshan Ground Jammu.
7. Shri A.K. Choudhary, Chairman Police Recruitment Board at
present working as ADGP/MD Police Housing Corporation, Gulshan
Ground, Jammu
8. Shri Bashir Ahmed Makhdoomi, Member Police Recruitment
Board, Jammu C/o Director General of Police, Gulshan Ground,
Jammu.
9. Shri Bashir Ahmed Khan. Member Police Recruitment Board,
Jammu C/o Director General of Police, Gulshan Ground, Jammu. 10.
Ms. Rashmı Wazir, Member Police Recruitment Board, Jammu C/o IR
4th Bn. J&K C/o Director General of Police, Gulshan Ground Jammu.
11. Sh. Mohd. Shabir, Member Police Recruitment Board, Jammu C/o
JKAP 8th Bn. C/o Director General of Police, Gulshan Ground
Jammu.
12. Sh. Stanzin Losal, Member Police Recruitment Board, Jammu,
Deputy CO IR 6th Bn. C/o Director General of Police, Gulshan
Ground Jammu.
13. Rajesh Kumar, Member Police Recruitment Board, Jammu IG
Railways J&K C/o Director General of Police, Gulshan Ground
Jammu.
14. Dinesh Rana, Member Police Recruitment Board, Jammu IGP
HD/CD/SDRF J&K C/o Director General of Police, Gulshan Ground
Jammu.
15. Rafeeq-ul-Hassan, Member Police Recruitment Board, Jammu DIG
Armed Kashmir C/o Director General of Police, Gulshan Ground
Jammu.
Digitally signed by HARSHIT YADAV
HARSHIT
DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master,
PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="
Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone=
f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f,
SERIALNUMBER=
317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8,
YADAV
[email protected], CN=HARSHIT YADAV
Reason: I am the author of this document
Location:
Date: 2026.02.04 10:13:05+05'30'
Foxit PDF Reader Version: 2025.2.0
:: 3 :: TA 670/2020
16.Zahid Nasim Manhas, Member Police Recruitment Board, Jammu
CO IR 19th Bn. C/o Director General of Police, Gulshan Ground
Jammu.
17. Mohit Sangra S/o Rakesh Kumar Sharma R/o Sangar PO
Purmandal Tehsil Bari Brahmna.
18. Manish Singh S/o Tarsem Singh R/o VPO Pallanwala, Tehsil
Korh.
19. Abhinav Salgotra S/o Ramesh Salgotra R/o PO Raika, Village
Majua (Uttam) Tehsil Bishnah.
20. Irfan Ashraf S/o Mohd. Ashraf Bhat R/o Village Bandgam, Tehsil
Magam District Budgam Police Station Beerwah-191111, 21. Raghav
Chalotra S/o Sanjay Kumar R/o H.No. 144, Sector No. 1, Gangyal
Gardens, Jammu.
22. Ranjit Singh S/o Gurmail Singh Chamal A/P Saror Tehsil Bishnah,
Jammu.
23. Ratash Kumar S/o Sat Paul R/o VPO Jassore, R.S. Pura.
24. Suhail Ahmed Bhat S/o Ab. Aziz Bhat R/o Wanpora Chailmulla,
Dooru.
25. Mudasir Yousuf Bhat S/o Mohd. Yousuf Bhat R/o H.No. 1
Bicherwara Qaziabad Handwara.
26. Mohd. Younis Khanday S/o Bashir Ahmad Khanday R/o Link
Road Atholi Paddar.
...Respondents
(Advocate:- Mr. Rajesh Thappa, learned AAG)
Digitally signed by HARSHIT YADAV
HARSHIT
DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master,
PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="
Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone=
f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f,
SERIALNUMBER=
317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8,
YADAV
[email protected], CN=HARSHIT YADAV
Reason: I am the author of this document
Location:
Date: 2026.02.04 10:13:05+05'30'
Foxit PDF Reader Version: 2025.2.0
:: 4 :: TA 670/2020
ORDER
Per: - Rajinder Singh Dogra, Judicial Member
1. The SWP No.1827/2019 was transferred from the Hon'ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.670/2020 by the Registry of this Tribunal.
2. The present matter was filed before the Hon'ble High Court seeking following relief: -
It is, therefore, most respectfully prayed that by virtue of an appropriate writ, order or direction including writ in the nature of:- Certiorari by quashing the whole selection G process including the issuance of advertisement notice No. PERS-
A400/216/75303-403 dated 30-12-2016 and final selection list which was uploaded on 13-12-2018 in the official website of the Home Department, J&K whereby the persons shown in the said list have been selected and further quashing the said list or any subsequent order for appointment of the persons mentioned in the select list.
b. Mandamus directing the concerned official respondents to start the fresh selection process in terms of J&K Special Digitally signed by HARSHIT YADAV HARSHIT DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="
Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.04 10:13:05+05'30' Foxit PDF Reader Version: 2025.2.0 :: 5 :: TA 670/2020 Recruitment Rule, 2015 read with Circular No. 09-GAD of 2016 dated 29-1-2016 issued by Commissioner/Secretary, GAD through Service selection Board by directing the concerned authority/state to grant one time relaxation to all the candidates, who have become overaged because of wastage of time through illegal selection process. c. Or in the alternative, the petitioners be also directed to be appointed as Sub Inspectors (Executive/Armed Wings) in the event the Hon'ble Court comes to the conclusion that the whole of the selection process suffers from illegalities, and instead of quashing the same, an appropriate directions be issued so that the petitioners may also get appointed.
d. Any other appropriate writ, order, direction which this Hon'ble Court deems fit and proper may also be granted in favour of the petitioners.
3. The facts of the case as pleaded by the petitioners in their pleadings are as follows: -
Digitally signed by HARSHIT YADAV
HARSHIT DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="
Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.04 10:13:05+05'30' Foxit PDF Reader Version: 2025.2.0 :: 6 :: TA 670/2020
a) The present Transfer Application arises out of SWP No. 1827/2019, which was originally instituted before the Hon'ble High Court of Jammu & Kashmir and, upon transfer, was registered as T.A. No. 670/2020 before this Tribunal
b) The applicants, who are permanent residents of the erstwhile State of Jammu and Kashmir and citizens of India, claim to be aggrieved by the recruitment process undertaken for appointment to the posts of Sub-Inspector (Executive/Armed Wing) in the J&K Police pursuant to Advertisement Notice No. Pers-A-400/2016/75303-403 dated 30.12.2016. The said advertisement invited online applications for filling up 658 vacancies (482 in Executive Police and 176 in Armed Police) in the pay scale of ₹9300-34800 with Grade Pay of ₹4240, purportedly under the J&K Special Recruitment Rules, 2015 notified vide SRO-202 dated 30.06.2015.
c) It is averred that all the applicants possessed the requisite educational qualifications prescribed under the advertisement and had duly submitted their online application forms within time. It is further stated that applicant No. 1 belongs to the ALC Digitally signed by HARSHIT YADAV HARSHIT DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="
Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.04 10:13:05+05'30' Foxit PDF Reader Version: 2025.2.0 :: 7 :: TA 670/2020 category, whereas applicant Nos. 2 to 6 belong to the Open Merit category.
d) As per the scheme of the advertisement, the recruitment process consisted of multiple stages, namely Physical Endurance Test (PET), Physical Standard Test (PST), written examination, and thereafter Viva-Voce/Personality Assessment Test. The written examination carried 85 marks, while the viva-voce carried 15 marks, and candidates to be called for viva-voce were to be restricted to three times the number of advertised vacancies.
The advertisement further assured adoption of a Transparent Recruitment Process (TRP), including the use of biometric devices and CCTV videography at all stages to prevent impersonation and malpractice.
e) The applicants assert that they successfully qualified the PET and PST stages. Applicant No. 2 also qualified the written examination and was called for the Viva-Voce/Personality Assessment Test, whereas the remaining applicants could not qualify the written examination. However, applicant No. 2 was Digitally signed by HARSHIT YADAV HARSHIT DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="
Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.04 10:13:05+05'30' Foxit PDF Reader Version: 2025.2.0 :: 8 :: TA 670/2020 ultimately not selected, and the final select list uploaded on 13.12.2018 did not include his name.
f) The applicants allege that the entire recruitment process was vitiated by large-scale irregularities, manipulation, and lack of transparency. It is specifically contended that CCTV cameras were either not installed or were non-functional in several examination centres at Jammu, including Government Girls Higher Secondary School, Mubarak Mandi; Canal Road; Channi Himmat; and other centres. It is alleged that non- recording of examination proceedings facilitated mass copying, particularly by candidates bearing a specific roll-number code, resulting in their disproportionate selection.
g) It is further alleged that biometric devices were not uniformly used at all centres, leading to impersonation and violation of the mandatory safeguards provided in the advertisement notice. The applicants also contend that certain selected candidates participated in the recruitment process at centres outside their districts of domicile, which, according to them, indicates manipulation and fraud.
Digitally signed by HARSHIT YADAV HARSHIT DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="
Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.04 10:13:05+05'30' Foxit PDF Reader Version: 2025.2.0 :: 9 :: TA 670/2020
h) A further challenge is raised to the competence of the Police Department to issue the advertisement and conduct the recruitment. According to the applicants, under the J&K Special Recruitment Rules, 2015 read with Circular No. 09-
GAD of 2016 dated 29.01.2016, recruitment to non-gazetted posts was required to be undertaken by the Service Selection Board, whereas in the present case the recruitment was conducted by the Police Recruitment Board constituted by Government Orders dated 28.05.2016 and 31.03.2017. The applicants assert that the constitution of such a Police Recruitment Board was dehors the statutory rules and rendered the entire selection process illegal.
i) On the aforesaid grounds, the applicants have sought quashing of the entire selection process and the final select list dated 13.12.2018, with consequential directions for initiation of a fresh recruitment process or, in the alternative, appointment of the applicants to the posts of Sub-Inspector.
4. The respondents have filed their reply statement wherein they have averred as follows: -
Digitally signed by HARSHIT YADAV
HARSHIT DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="
Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.04 10:13:05+05'30' Foxit PDF Reader Version: 2025.2.0 :: 10 :: TA 670/2020
a) The respondents have filed a detailed reply opposing the Transfer Application and raising both preliminary and substantive objections
b) At the threshold, it is contended that the application does not disclose infringement of any fundamental, statutory, or legal right of the applicants. It is pleaded that the applicants lack locus standi and have approached the Tribunal without any valid cause of action. It is further alleged that the applicants have not approached the Tribunal with clean hands and have raised vague, speculative, and afterthought allegations after having failed to secure selection on merit.
c) On merits, the respondents submit that the recruitment for the post of Sub-Inspector in the J&K Police was conducted strictly under the Transparent Recruitment Process and was outsourced to an independent implementing agency to minimise human intervention. All stages of the recruitment process, including PET and PST, were conducted under CCTV coverage, and candidates were subjected to proper identification to eliminate impersonation.
Digitally signed by HARSHIT YADAV
HARSHIT DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="
Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.04 10:13:05+05'30' Foxit PDF Reader Version: 2025.2.0 :: 11 :: TA 670/2020
d) With respect to the written examination conducted on 24.06.2018, it is stated that all examination centres, including those at Jammu, were either covered under CCTV surveillance or complete videography. It is explained that CCTV cameras could not be installed at Government Girls Higher Secondary School, Mubarak Mandi, due to ongoing Board examinations and logistical constraints, and therefore the entire examination proceedings at that centre were videographed through independent camera teams, including those deputed by the Crime Branch.
e) The allegation regarding broken CCTV cameras at Canal Road and mass copying is categorically denied as false and baseless. The respondents clarify that roll-number codes were district- wise identifiers allotted at the time of PET/PST and that code No. 1171111 was assigned to all candidates who applied from District Jammu. Since the number of applicants from Jammu district was the highest, a large number of candidates naturally bore the same code. The seating arrangement was made strictly according to roll numbers and centre capacity, and candidates Digitally signed by HARSHIT YADAV HARSHIT DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="
Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.04 10:13:05+05'30' Foxit PDF Reader Version: 2025.2.0 :: 12 :: TA 670/2020 from different districts were deliberately mixed across centres. Statistical data is relied upon to demonstrate that the percentage of candidates shortlisted from the questioned centres was not abnormally high and, in fact, was lower than the overall average.
f) Regarding biometric attendance, the respondents submit that biometric devices were installed at all centres. However, owing to time constraints and heavy rush, biometric attendance could not be captured for every candidate, and in such cases identity verification was done through valid photo identity cards, admit cards, signatures, and thumb impressions on attendance sheets.
It is asserted that these alternative methods are legally permissible and that no instance of impersonation was detected.
g) The respondents further submit that the post of Sub-Inspector is a State cadre post and there was no bar on candidates appearing at centres outside their district of domicile. Examination centres were allotted on the basis of addresses mentioned by candidates in their online application forms. Any minor discrepancies in address were verified at the stage of documentation, and Digitally signed by HARSHIT YADAV HARSHIT DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="
Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.04 10:13:05+05'30' Foxit PDF Reader Version: 2025.2.0 :: 13 :: TA 670/2020 selection was made subject to final verification before appointment.
h) As regards the competence of the Police Recruitment Board, it is submitted that the Board was constituted by the Government vide Government Orders dated 28.05.2016 and 31.03.2017. It is further pleaded that under Rule 172(2) of the J&K Police Manual, the Director General of Police is empowered to constitute selection boards for recruitment to non-gazetted police posts above the rank of constable. The recruitment was conducted in accordance with SRO-202 dated 30.06.2015, and no statutory violation has occurred.
i) It is lastly contended that the applicants, having participated in the recruitment process without protest and having failed on merit, are estopped in law from challenging the selection process. The allegations of mala fides, fraud, and favouritism are stated to be bald assertions unsupported by any cogent material. The respondents assert that the selection was fair, transparent, merit-based, and in conformity with Articles 14 and 16 of the Constitution.
Digitally signed by HARSHIT YADAV
HARSHIT DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="
Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.04 10:13:05+05'30' Foxit PDF Reader Version: 2025.2.0 :: 14 :: TA 670/2020
j) On these grounds, dismissal of the Transfer Application is prayed for.
5. Heard learned counsel for the parties and perused the material available on record.
6. At the outset, it is not in dispute that the applicants consciously and voluntarily participated in the entire recruitment process for the post of Sub-Inspector (Executive/Armed Wing). They applied pursuant to Advertisement Notice dated 30.12.2016, appeared in the Physical Endurance Test and Physical Standard Test, participated in the written examination, and applicant No. 2 even appeared in the Viva- Voce/Personality Assessment Test. At no stage during the conduct of the recruitment process did the applicants raise any objection either to the procedure adopted, the constitution of the Police Recruitment Board, or the manner in which the selection was being conducted.
7. The law on this issue is well settled. A candidate who willingly participates in a selection process with full knowledge of the rules of the game cannot, after having failed to secure selection, turn around and challenge either the process or the authority which conducted the selection. Such conduct is barred by the principles of estoppel, Digitally signed by HARSHIT YADAV HARSHIT DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="
Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.04 10:13:05+05'30' Foxit PDF Reader Version: 2025.2.0 :: 15 :: TA 670/2020 acquiescence and waiver. The applicants, having taken a calculated chance in the recruitment, are legally precluded from questioning the selection process after being declared unsuccessful.
8. The principal contention of the applicants that the recruitment was vitiated on account of the constitution of the Police Recruitment Board instead of the Service Selection Board is also devoid of merit. The recruitment in question pertained to the post of Sub-Inspector in the J&K Police, which is a State cadre post governed by special service conditions. The respondents have specifically pleaded, with reference to statutory provisions, that under Rule 172(2) of the J&K Police Manual, the Director General of Police is competent to constitute Selection Boards for recruitment to non-gazetted police posts above the rank of constable. The Police Recruitment Board was constituted by the Government through specific Government Orders, and the recruitment was conducted in accordance with the applicable recruitment rules.
9. Even otherwise, the applicants, having accepted the jurisdiction and authority of the Police Recruitment Board by participating in all stages of the recruitment without demur, cannot be permitted to Digitally signed by HARSHIT YADAV HARSHIT DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="
Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.04 10:13:05+05'30' Foxit PDF Reader Version: 2025.2.0 :: 16 :: TA 670/2020 approbate and reprobate. Permitting such a challenge would amount to allowing unsuccessful candidates to derail completed recruitment processes on technical pleas, which is impermissible in law and against public interest.
10. As regards the allegations of manipulation, mass copying, non-use of CCTV cameras and biometric devices, the same are wholly vague, unsubstantiated and based on conjectures. No concrete material has been placed on record to demonstrate any systemic irregularity or fraud capable of vitiating the entire selection process. The respondents, on the other hand, have placed detailed explanations showing that the recruitment was conducted under a Transparent Recruitment Process, with extensive technological safeguards, supervision by senior officers, deployment of magistrates, videography of examination centres and adoption of multiple methods of candidate verification.
11. Significantly, the statistical data relied upon by the respondents negates the allegation of abnormal selection from any particular examination centre. The mere fact that certain candidates bearing similar roll-number codes were selected cannot, by itself, lead to an Digitally signed by HARSHIT YADAV HARSHIT DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="
Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.04 10:13:05+05'30' Foxit PDF Reader Version: 2025.2.0 :: 17 :: TA 670/2020 inference of malpractice, especially when the roll-number codes were district-wise identifiers and the post in question is a State cadre post permitting candidates to appear at centres outside their district of domicile.
12. It is also relevant to note that the applicants have not sought re-
evaluation of their answer scripts, nor have they challenged the marks obtained by selected candidates on any objective basis. Their grievance essentially stems from non-selection, which by itself does not confer any enforceable right. Selection to a post is not a matter of right but is subject to merit, suitability and compliance with the prescribed procedure. Courts and Tribunals do not sit as appellate authorities over selection bodies unless the process is shown to be arbitrary, mala fide or in violation of statutory rules, none of which has been established in the present case.
13. The contention that the entire selection deserves to be quashed on alleged procedural irregularities is also misconceived. It is a settled principle that selections affecting a large number of candidates cannot be lightly interfered with on the basis of speculative or generalized Digitally signed by HARSHIT YADAV HARSHIT DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="
Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.04 10:13:05+05'30' Foxit PDF Reader Version: 2025.2.0 :: 18 :: TA 670/2020 allegations, particularly when no individual illegality or prejudice has been demonstrated.
14. Thus, on a cumulative consideration of the pleadings, the material on record, and the settled legal position, this Tribunal finds no infirmity, illegality or arbitrariness in the recruitment process conducted by the respondents. The applicants, having participated in the selection process with open eyes, cannot be permitted to take a complete u-turn and challenge the very foundation of the recruitment after having failed to secure selection.
15. For the foregoing reasons, the Transfer Application is found to be devoid of merit. The applicants have failed to establish any violation of statutory rules, constitutional provisions or principles of fairness warranting interference by this Tribunal.
16. Accordingly, the Transfer Application is dismissed.
No order as to costs.
(RAM MOHAN JOHRI) (RAJINDER SINGH DOGRA)
Administrative Member Judicial Member
/harshit/
Digitally signed by HARSHIT YADAV
HARSHIT
DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="
Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.04 10:13:05+05'30' Foxit PDF Reader Version: 2025.2.0