Central Administrative Tribunal quashes selection list of SIs

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STATE TIMES NEWS

JAMMU: In a bunch of petition seeking quashment of selection and consequential appointment of private respondent No. 4 to 38, who have been illegally, arbitrary and unjustifiably selected and consequently appointed against the posts of Sub Inspectors (Executive/Armed) advertised vide advertisement notification No. Pers-A-400/2016/75303-403 dated 30-12-2016 issued by respondent no. 2.
A Bench of Central Administrative Tribunal comprising Judicial Member Rakesh Sagar Jain and Administrative Member Anand Mathur after hearing Sr. Adv Abhinav Sharma appearing for the petitioners whereas AAG Amit Gupta quashed the the selection list/s of the Sub Inspector (Executive and Armed) in J&K Police prepared in pursuance to advertisement notice No. Pers-A-400/2016/75303-403 dated 30.12.2016.
CAT further directed respodents to prepare the selection list afresh in accordance with law and rules within the earliest period possible from the date of receipt of certified copy of the Order.
The case Case of applicants is that vide advertisement dated 30.12.2016, applications were invited for posts of Sub Inspector (Executive/Armed Wings) in J&K police. Applicants seek the quashing of selection and consequential appointment of private respondent No. 4 to 38, who have been illegally, arbitrary and unjustifiably selected and consequently appointed against the posts of Sub Inspectors (Executive/Armed) advertised vide advertisement notification No. Pers-A-400/2016/75303-403 dated 30-12-2016 issued by respondent no. 2, at the cost of petitioners by blatantly disturbing the category wise breakup of posts as notified in the advertisement notice supra; violating the notified preference cum merit criteria as also Rule 7 of the J&K Special Recruitment Rules, 2015, notified vide SRO 202 of 2015 dated 30-06-2015 made basis of the selection process under reference and thereby illegally directing the quota meant for the petitioners to private respondents. Applicants also seek a direction to the official respondents to consider and consequently treat the 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) advertised by advertisement notification No. Pers-A-400/2016/75303-403 dated 30-12-2016 issued by respondent no. 2 and consequently grant the petitioners all service benefits with retrospective effect.
CAT observed that the 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 the official respondents, the extra selection of 35 candidates belong to the other categories and vacancies in which categories have been correspondingly reduced. The procedure adopted by the official respondents is in violation of the 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 30.12.2016 cannot be upheld.
With these observations CAT quashed the selection list/s of the Sub Inspector (Executive and Armed) in J&K Police prepared in pursuance to advertisement notice No. Pers-A-400/2016/75303-403 dated 30.12.2016 and Official respondents are directed to prepare the selection list afresh in accordance with law and rules within the earliest period possible from the date of receipt of certified copy of the Order.