Excelsior Correspondent
JAMMU, Mar 13: Deciding bunch of writ petitions challenging the selection list of IRP constables, High Court has directed the State to re-determine the merit of petitioners for appointment within a period of two months.
Brief facts are that the respondents issued various advertisements in different years by which applications were invited for recruitment to the posts of constables in different battalions of Indian Reserve Police (IRP).
It was specifically provided in advertisements that due representation will be given to the candidates belonging to reserved categories as provided under SRO-294 of 2005. The second condition stipulates that the candidates belonging to one district will not be considered for recruitment in another district.
The petitioners belonging to Scheduled Tribe and Residents of Backward Area categories submitted applications in response to advertisement notifications pursuant to which they were subjected to measurement test, outdoor tests and were found fit. They were also interviewed but failed to find mention in the selection list and subsequently they knocked the doors of the High Court by filing various writ petitions.
The counsels for the petitioners submitted that respondents have not followed the mandate contained in the SRO-294 of 2005 in as much as 10% quota for Scheduled Tribe Category was not provided. It was also submitted that post of constable in IRP is a State level post but this aspect was completely ignored.
It was prayed before the High Court that candidates who belong to open merit category were not allowed to apply for other districts as a result of which the candidates who were less meritorious than the petitioners in other districts were selected.
While opposing the submissions made by the counsels for the petitioners, the Senior Additional Advocate General Wasim Sadiq Nargal invited the attention of the court to Section 3 of J&K Reservation Act, 2004 which provides that reservation has to be provided as per the proportion of the population of such category.
“In order to ensure that proper representation is given to each and every reserved category a decision was taken to reserve the posts on the basis of the population of the reserved category persons in each district”, he further submitted, adding “the petitioners were very well aware about the conditions which were laid down in the advertisement notifications and they participated in the process of selection without raising any objection”.
“Having failed in the selection, the petitioners cannot be permitted to turn around and challenge the process of selection. Moreover, none of the candidates who is less meritorious than the petitioners has been selected”, Senior AAG said, adding “the respondents while following the Reservation Rules have not exceeded the quota fixed under the J&K Reservation Act, 2004 and the State has been taken as a whole unit and thereafter it has been divided in districts”.
After considering the submissions made by battery of lawyers for the petitioners and Senior AAG, Justice Alok Aradhe said, “admittedly the advertisement notifications were issued several years back and the selected candidates have already joined and are performing the duties for the past about more than 10 years”, adding “it would be inequitable to quash their appointments at this point of time”.
However, taking into account the fact that appointments were made subject to the result of writ petitions, Justice Aradhe directed the respondents to re-determine the merit of the petitioners for appointment to the posts of constables in IRP by a speaking order.
“In case of merit of the petitioners is found to be above or equal to the last selected candidate in their quotas the respondents shall issue the order of appointment to the petitioners”, High Court said, adding “in such a case, the petitioners shall be deemed to have been appointed from the date when selectees of the select list were appointed”.
The High Court directed that the entire exercise shall be carried out within a period of two months from today. “However, the respondents are at liberty to redraw the merit list for the limited purpose”, Justice Aradhe said.
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