Shabir Ahmad Baba vs Jammu & Kashmir Police on 27 October 2026

ORDER

(Oral)

Per Hon’ble Mr. M.S. Latif, Member (Judl.)

The matter was initially filed before the Hon’ble High Court of J&K in the year 2018 and was thereafter, transferred to this Tribunal vide its Order dated 15.07.2020.

2. Initially 07 (seven) applicants filed the instant Writ Petition. However, vide Order dated 06.10.2026, the matter was dismissed for non-prosecution as regards the applicants no. 1, 3, 5, 6 & 7, and as such, the T.A. survives only for the applicants no. 2 & 4, who, in the memo of parties, herein are numbered as applicants no. 1 & 2 respectively.

3. The reliefs sought by the applicants by way of the instant T.A. are reproduced hereunder:

a. Certiorari, the order impugned bearing No. 4351 of 2018 DATED 29-8-2018 issued by the respondent no. 2 be quashed.

b. Mandamus, respondents may be commanded to accord same and similar treatment to the petitioners as has been accorded to the writ petitioners of SWP No. 1635/2010,

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SWP NO. 212/2011, SWP No. 630/2013 in the light of judgment 8-10-2015 passed by the Division Bench of this Hon'ble court on various LPAs lead case being State V/S Mohammad Maqbool Wani and ors. subsequently upheld by the Hon'ble Supreme court on 29-6-2016 by awarding two additional marks to the diploma certificates of the petitioners.

c. By issuance of writ order or direction one in the nature of Mandamus, the respondent may be commanded to consider and appoint the petitioners on the post of constables after awarding two additional marks in respect of the diploma certificates of the petitioners on the same analogy as has been evolved in respect of similarly situated persons who have been awarded two additional points and selected on the post of constables.

d. Any other relief which this Hon'ble court may deem fit and proper under the circumstances of the case may also be issued in favour of the petitioners and against the respondents.

4. What emerges from the pleadings made in the writ petition is that the petitioners applied for the post of Constable in the J&K Executive Police pursuant to Advertisement Notice No. Pers-A-21-

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2010/4804-903 dated 07.04.2010, issued by the Director General of Police, J&K. It is stated that, under the prescribed selection criteria, candidates possessing a degree or diploma of a minimum one-year duration from a UGC- or Government-recognized university or college, or from a Government ITI, were entitled to 02 (two) additional marks. However, the said marks were denied to candidates possessing ITI diplomas or degrees, giving rise to various writ petitions before the Hon’ble High Court.

5. It is stated that the said writ petitions, with lead case - SWP No. 1635/2010, titled Mohammad Maqbool Wani v. State of Jammu and Kashmir & Ors., were decided by the learned Single Bench vide judgment dated 06.12.2012, whereby the respondents were directed to consider the diploma certificates of the petitioners therein, award the additional two marks in terms of the advertised criteria and thereafter consider their cases for selection and appointment to the post of Constable. As stated, the judgment was upheld by the Division Bench vide order dated 08.10.2015, dismissing the appeals filed by the State. The Special Leave Petition filed by the State before the Hon’ble Supreme Court was also

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dismissed on 29.06.2016.

6. It is further stated that, in the light of the aforesaid judgments, the petitioners, amongst others, filed SWP No. 2865/2015, titled Shabir Ahmad Baba v. State of J&K & Ors. The said writ petition was disposed of vide order dated 21.01.2016, with a direction to the respondents to consider the petitioners’ claims in the light of the judgments referred to above and pass a consideration order within four weeks.

7. As stated, despite service of the order dated 21.01.2016, the respondents failed to consider their cases in the light of the judgments passed by the Hon’ble High Court and the Hon’ble Supreme Court. It is stated that, in contempt proceedings initiated in connection with the non-compliance, the respondents filed a statement of facts in the contempt petition wherein the respondents mentioned as regards the case of the petitioner namely Abdul Ahad Palla, one of the petitioners in SWP No. 2865/2015, admitting that his case was covered by the aforesaid judgments. The respondents also placed on record consideration Order No. PHQ Order 2393 of 2017 dated 17.07.2017, stating that

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14 candidates who had figured as petitioners in different writ petitions had been selected as Constables. Thereafter, a formal appointment order dated 22.11.2017 was issued in favour of Abdul Ahad Palla, who joined service and was sent for recruitment training at STC Sheeri, Baramulla, Kashmir.

8. It is stated that the respondents subsequently issued Order No. 4351 of 2018 dated 29.08.2018, rejecting the petitioners’ claims on the ground of delay and latches. Although, the petitioners claim that the said order was not formally served upon them, they state that they obtained a copy thereof and have challenged the same through the medium of the present writ petition.

9. Perusal of the file reveals that the grievance as projected by the petitioners is that despite the judgments directing the grant of two additional marks for the prescribed ITI qualifications, the dismissal of the State’s appeals and SLP, and the subsequent directions issued in their own writ petition, their claims for selection and appointment as Constables have been rejected on the ground of delay and latches, whereas other similarly situated

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candidates were considered and appointed.

10. Reply stands filed in the matter by the respondents. It is averred in the reply that the claim of the applicants at belated stage is hit by latches as the delay is more than five years and consideration would give rise to other huge number of claimants. It is added that vide Order No. 4351 of 2018 dated 29.08.2018, the appointment of Shri Abdul Ahad Palla accorded vide Order No. 2393 of 2017 dated 17.07.2017 was cancelled ab initio being time barred. As such, it is submitted that the challenge to the order by the petitioners is misconceived and the petition is liable to dismissed in limine. It is further submitted that the applicants had qualified pre-selection tests, but due to non-recognition of the said Institute by the Govt., their additional qualification certificates could not be entertained as Additional qualification with the result they failed to make the required grade for final selection.

11. Heard.

12. At the request of learned counsel for the applicants, the O.A. is taken up for its disposal.

13. Without commenting upon the merits or otherwise of the

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case, the O.A. is disposed of by providing that the respondents shall treat this O.A. as a representation along with the representations filed by the applicants, in accordance with law, keeping in view the merits of the case and eligibility of the applicants. The respondents while deciding the case of the applicants shall take note of the decisions passed by the Hon’ble High Court of J&K and the Hon’ble Supreme Court of India in the above mentioned cases. The above exercise shall be done by passing a speaking and reasoned order within a period of 08 (eight) weeks from the date a certified copy of this Order is served upon the respondents.

14. Accordingly, T.A. No. 1563/2020 is disposed of along with all connected M.A.s, if any.

(Prasant Kumar) Member (Admn.) (M.S. Latif) Member (Judl.)

Abhishek Punia Court Master 27.10.2026

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