STATE TIMES NEWS
JAMMU: The Central Administrative Tribunal (CAT) on Monday quashed the selection lists of Sub Inspector (Executive and Armed) in J&K Police and directed to prepare these afresh in accordance with law and rules.In a bunch of petitions seeking quashment of selections and consequential appointments against posts of Sub Inspectors (Executive/Armed) advertised vide advertisement notification No. Pers-A-400/2016/75303-403 dated December 30, 2016, a Bench of Central Administrative Tribunal (CAT) comprising Judicial Member Rakesh Sagar Jain and Administrative Member Anand Mathur after hearing Senior Adv Abhinav Sharma appearing for petitioners whereas AAG Amit Gupta for Govt, quashed selection list of Sub Inspector (Executive & Armed) in J&K Police prepared in pursuance to advertisement notice No. Pers-A-400/2016/75303-403 dated December 30, 2016.CAT further directed for preparing selection list afresh in accordance with law and rules within earliest period possible from the date of receipt of certified copy of the order.As per the case, vide advertisement dated December 30, 2016, applications were invited for posts of Sub Inspector (Executive/Armed Wings) in J&K police. Applicants seek the quashing of selection and consequential appointments of private respondents from No. 4 to 38, who have been illegally, arbitrary and unjustifiably selected and consequently appointed against posts of Sub Inspectors (Executive/ Armed), at the cost of petitioners by blatantly disturbing category-wise breakup of posts as notified in the advertisement notice supra; thereby violating notified preference cum merit criteria as also Rule 7 of J&K Special Recruitment Rules, 2015, notified vide SRO 202 of 2015 dated June 30, 2015 made basis of selection process under reference and thereby illegally directing the quota meant for the petitioners to private respondents. Applicants also sought a direction to the official respondents to consider and consequently treat petitioners as selected/appointed against the post of Sub Inspectors (Executive/ Armed) in J&K Police in the pay scale of Rs. 9300-34800+(4240 Grade Pay) and consequently granting petitioners all service benefits with retrospective effect. CAT observed that fallacy in the selection procedure adopted by the official respondents can be best demonstrated by the fact that 275 vacancies were advertised in the Executive Wing in open merit, whereas 310 persons have been selected. As per official respondents, the extra selection of 35 candidates belong to other categories and vacancies in which categories have been correspondingly reduced. The procedure adopted by the official respondents is in violation of settled law that ‘The entire reservation quota will be intact and available in addition to those selected under open competition category’.CAT further observed that therefore, without further ado, and indisputably, the selection has not been prepared in accordance with rules and settled law and the validity of the selection list/s prepared in pursuance to advertisement notice No. Pers-A-400/2016/75303-403 dated December 30, 2016 cannot be upheld.
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