OMI RAJ SOMBRIA AND ANOTHER vs THE UNION TERRITORY OF J AND K TH ITS CHIEF SECRETARY GOVT AND OTHERS

HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU


Reserved on : 26.12.2025.
Pronounced on: 15.10.2026.
Uploaded on : 15.10.2026.
Whether the operative part or full
judgment is pronounced Full

Case:-

WP(C) No. 2796/2022
CM No. 7795/2022
CM No. 3016/2023
c/w
WP(C) No. 2225/2023
CM No. 5681/2023
CM No. 5148/2023
CM No. 5149/2023

UT of J&K and another

.....Petitioners

Through :- Mr. Raman Sharma, AAG with
Ms. Jagmeet Kour, Advocate in
WP(C) No. 2796/2022.

Mr. Rahul Raina, Advocate &
Mr. Sheikh Najeeb, Advocate in
WP(C) No. 2225/2023.


V/s

Abhimanyu Pratap Singh Jamwal and others

.....Respondents


Through :- Mr. Abhinav Sharma, Sr. Advocate
with Mr. Aditya Manhas &
Mr. Abhirash Sharma, Advocates.

Mr. Nitin Bhasin, Advocate.


CORAM: HON’BLE MRS. JUSTICE SINDHU SHARMA, JUDGE
HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE


WP(C) No. 2796/2022 c/w
Page 1 of 18
WP(C) No. 2225/2023

JUDGMENT



Per: Rahul Bharti-J
1. A writ petition SWP No. 2091/2009 came to be filed
before this Court by a writ petitioner – Abhimanyu Pratap Singh
Jamwal on 10.11.2009 who now figures as a respondent No. 1 in
writ petition WP(C) No. 2796/2022 and as a respondent No. 11 in
WP(C) No. 2225/2023 . Two writ petitions WP(C) No. 2796/2022
and WP(C) No. 2225/2023 are under adjudication before us.
2. The cause of action which drove the writ petitioner -
Abhimanyu Pratap Singh Jamwal to petition this Court with said
SWP No. 2091/2009 was his non-selection as an open merit (OM)
candidate to the post of Naib Tehsildar for which the writ petitioner
– Abhimanyu Pratap Singh Jamwal had come to apply in response
to an advertisement notice No. 01 of 2002 dated 26.04.2002
issued by the J&K Services Selection Board, one of two writ
petitioners of WP(C) No. 2796/2022 .

3. The factual backdrop in which the institution of said writ
petition SWP No. 2091/2009 by the writ petitioner - Abhimanyu
Pratap Singh Jamwal came to take place needs to be set out.
4. The J&K Services Selection Board had come out with an
advertisement notice No. 01 of 2002 dated 26.04.2002 for carrying
out the recruitment to 52 posts of Naib Tehsildar in J&K

WP(C) No. 2796/2022 c/w
Page 2 of 18
WP(C) No. 2225/2023

Subordinate Revenue (Subordinate) Service. Breakup of advertised

52 posts of Naib Tehsildars was as under:-

OM RBA SC ST OBC ALC HC Total
27 10 05 05 01 02 02 52

5. The writ petitioner- Abhimanyu Pratap Singh Jamwal is
said to have responded to this particular advertisement notice No.
01 of 2002 which was not followed by conduct of any selection
process till 2005 when another advertisement notice No. 09 of
2005 dated 14.12.2005 came to be issued by the J&K Services
Selection Board for recruitment for 39 posts of Naib Tehsildar with
the following breakup:-
OM RBA SC ST OBC ALC HC Total
22 08 04 04 00 01 00 39

6. Thus, there came to be two advertisements in pipeline for
recruitment to the posts of 52 & 30 posts of Naib Tehsildars.
7. Both the advertisements of 2002 & 2005 remained on
hold without any selection process getting initiated beyond the
advertisement and submission of application forms by the eligible
candidates.
8. In the year 2008, the J&K Services Selection Board again
came up with a third advertisement notice No. 04 of 2008 dated
26.05.2008 meant for recruitment to 20 posts of Naib Tehsildars
with the following breakup:-
OM RBA SC ST OBC ALC HC Total
11 04 02 02 00 01 00 20


WP(C) No. 2796/2022 c/w
Page 3 of 18
WP(C) No. 2225/2023

9. For every subsequent advertisement notice, situation was

saved for the candidates who had applied to the preceding

advertisement.
10. The selection criteria applied by the J&K Services
Selection Board for carrying out the selection of candidates for the
aforesaid pool of 111 number of posts of Naib Tehsildars was in the
form of a Written Test – 12 points & Viva-voce – 15 points
aggregating to 135 points.
11. It was in the year 2008 that the final outcome of the
selection process came to be declared with selection list being
forwarded by the J&K Services Selection Board to the indenting
Revenue Department, vide communication No.SSB/Sel/Secy/
09/3415-21 dated 09.10.2008 .
12. The writ petitioner - Abhimanyu Pratap Singh Jamwal
was shown to have secured 94.33 marks ( 83 marks in written and
11.33 marks in interview) on the basis thereof he came to be placed
in the Waiting List at serial number 7 by reference to Open Merit
(OM) category vis-à-vis advertisement notice No. 01 of 2002 dated
26.04.2002.
13. It is by reference to said outcome that the institution of
writ petition SWP No. 2091/2009 came to take place in this Court,
whereby the writ petitioner- Abhimanyu Pratap Singh Jamwal, came
to challenge the criteria adopted in framing of the Waiting List and
sought a writ of mandamus unto the J&K Services Selection Board

WP(C) No. 2796/2022 c/w
Page 4 of 18
WP(C) No. 2225/2023

to reframe the Waiting List by giving more weightage to the marks

obtained in the written examination and consequently seeking

quashment of selection and appointment of two candidates, namely,
Jahangir Hussain & Manzoor Ahmed Mir both bearing as
handicap status in the Open Merit (OM) category and also seeking
the quashment of selection and appointment of Om Raj Sombria &
Virender Kumar under Resident of Backward Area (RBA) & Actual
Line of Control (ALC) categories on account of being beneficiaries of
Jahangir Hussain & Manzoor Ahmed Mir , otherwise being RBA &
ALC candidates, getting selected as reserved handicap candidates
for two posts appropriated out of pool of Open Merit (OM).
14. The writ petitioner - Abhimanyu Pratap Singh Jamwal
finally sought a writ of mandamus unto the J&K Services Selection
Board as well as to the Govt. of State of Jammu & Kashmir, as it
was then, to select and appoint the petitioner against one of two
posts to be vacated by Jahangir Hussain & Manzoor Ahmed Mir
who were meant to be shown selected under RBA & ALC category
via horizontal reservation of Handicap category in replacement of
Om Raj Sombria & Virender Kumar in said two reserved
categories.
15. The premise on which the writ petitioner - Abhimanyu
Pratap Singh Jamwal put forth his claim for the aforesaid effect and
relief in his favour was that against all the three advertisement
notifications, he was eligible for consideration by reference to Open
Merit category posts numbering 26, 22 & 11 by reference to the

WP(C) No. 2796/2022 c/w
Page 5 of 18
WP(C) No. 2225/2023

advertisement notification years 2002, 2005 & 2008. The cut-off

marks applied by the J&K Services Selection Board with respect to

the advertisement notification of 2002 was 94.61 by reference to
which the writ petitioner-Abhimanyu Pratap Singh Jamwal was
shown to be in the Wait List with score of 94.33 marks with six
candidates ahead of him shown in the Wait List in the following
manner.
Marks
obtd. in
Marks
obtd. in
interview
Sr.
No.
Name of the
Total marks
candidate
written
obtained
test
1. Zahoor Majeed 81 13.33 94.33
2. Arvind Kumar 82 12.33 94.33
3. Raashid Iqbal 83 11.33 94.33
4. Shafiq Ahmad 83 11.33 94.33
5. Reyaz Ahmad Kirmani 81 13.33 94.33
6. Petitioner herein 83 11.33 94.33

16. One of the candidates, namely, Harpreet Singh was
shown to be in the Wait List by reference to the advertisement
notification No. 01 of 2002 at serial number 1 whereas in the Wait
List in the year 2005 was shown at serial number 2 with his score of
94.67 marks as against the cut-off marks of 95 for the
advertisement of the year 2005 and also of the year 2008.
17. The writ petitioner- Abhimanyu Pratap Singh Jamwal’s
grievance was also relatable to the selected and appointed
candidates, namely, Jahangir Hussain & Manzoor Ahmed Mir who
were selected in Open Merit category against Handicap Category,
although said two persons were supposed to have been selected
under Line of Actual Control (ALC) and Resident of Back Area (RBA)

WP(C) No. 2796/2022 c/w
Page 6 of 18
WP(C) No. 2225/2023

category by horizontal reservation prescribed under SRO-294 of

2005 dated 21.10.2005 whereby horizontal reservation in

recruitment in public service came to be provided in the State of
Jammu & Kashmir, as it was then.
18. It was pleaded by the writ petitioner - Abhimanyu Pratap
Singh Jamwal that in the event of Jahangir Hussain & Manzoor
Ahmed Mir being relocated by horizontal reservation reference in
Line of Actual Control (ALC) and Resident of Backward Area
(RBA) category instead of consuming two posts in Open Merit (OM)
category, Om Raj Sombria & Virender Kumar were supposed to be
dislodged in terms of their selection and appointment quo two posts
viz. the aforesaid two reserved categories of RBA & ALC.
19. The writ petitioner – Abhimanyu Pratap Singh Jamwal
reckons that in re-alignment for selection and recruitment to 29
posts, only 27 candidates were to be reckoned to have been selected
and appointed leaving two posts vacant against which the petitioner
was to be considered for selection and appointment.
20. The writ petitioner-Abhimanyu Pratap Singh Jamwal
pleaded that the Wait List candidates for the Open Merit category
for the year 2002 was changed to be shown in the final Wait List,
instead of the earlier drawn Wait List, which is as under:-
Marks obtd.
Marks
obtd. in
Interview
Total
marks
obtained
Sr.
No.
Name of the
in written
candidate
test
1. Harpreet Singh 85 9.67 94.67
2. Reyaz Ahmad Kirmani 81 13.33 94.33

WP(C) No. 2796/2022 c/w
Page 7 of 18
WP(C) No. 2225/2023

3. Zahoor Majid 81 13.33 94.33

4. Arvind Kumar 82 12.33 94.33
5. Shafiq Ahmad 83 11.33 94.33

6. Rashid Iqbal 83 11.33 94.33
7. Petitioner herein 83 11.33 94.33

21. At the time of institution of the writ petition SWP No.
2091/2009, the writ petitioner – Abhimanyu Pratap Singh Jamwal
had impleaded eight respondents to his said writ petition with
Harpreet Singh as being the last respondent No. 8.
22. The writ petitioner - Abhimanyu Pratap Singh Jamwal
came forward with CM No. 3799/2010 filed on 23.11.2010 thereby
seeking impleadment of four respondents, namely, Jahangir
Hussain , Manzoor Ahmed Mir , Om Raj Sombria & Virender
Kumar as the respondents No. 9 to 12 and corresponding
incorporation of the paragraphs in the writ petition in the context of
to be impleaded four respondents.
23. In terms of an order dated 04.05.2011 , the writ
petitioner - Abhimanyu Pratap Singh Jamwal was allowed to amend
his writ petition in terms of amendment as solicited in CM No.
3799/2010 and that led to the entertainment of amended writ
petition which otherwise stood submitted along with CM No.
3799/2010 on 23.11.2010.
24. Reply to the amended writ petition from the end of the
J&K Services Selection Board, which was figuring as the respondent
No. 2 in the writ petition, came to be filed on 30.05.2011 .

WP(C) No. 2796/2022 c/w
Page 8 of 18
WP(C) No. 2225/2023

25. In response to the reply/objections so filed by the J&K

Services Selection Board, the writ petitioner - Abhimanyu Pratap

Singh Jamwal came forward with a rejoinder on 02.04.2012 .
26. By virtue of an application IA No. 1/2019 filed on
06.03.2019 , the writ petitioner- Abhimanyu Pratap Singh Jamwal
came to seek permission for placing on record the documents
referred to be relevant to the adjudication of the matter.

27. While the writ petition was pending adjudication before
this court, the J&K Re-organization Act, 2019 came to intervene in
terms whereof the jurisdiction of the Central Administrative
Tribunal came to be extended in the Union Territory of Jammu &
Kashmir in terms of G.S.R. 267(E ) dated 29.04.2020 read with
notification No. G.S.R 317(E) dated 28.05.2020 issued by the
Ministry of Personnel, Public Grievances & Pensions (Department of
Personnel & Training) which resulted in transferring of the writ
petition SWP No. 2091/2009 from the file of the High Court of
Jammu & Kashmir and Ladakh to the Central Administrative
Tribunal (CAT), Jammu Bench whereat in terms of an order dated
09.11.2020 the writ petition was re-numbered as T.A.
61/8767/2020 .
28. It is said matter transformed from the writ petition to be
a petition before the Central Administrative Tribunal (CAT), Jammu
Bench which came to be adjudicated by the Central Administrative
Tribunal, Jammu Bench in terms of its judgment dated 23.11.2011

WP(C) No. 2796/2022 c/w
Page 9 of 18
WP(C) No. 2225/2023

in terms whereof the Central Administrative Tribunal (CAT), Jammu

Bench came to declare the selection and appointment of Om Raj

Sombria & Virender Kumar , who figured as respondents No. 11 &
12 in SWP No. 2091/2009, as illegal and, accordingly, quashed
while re-directing the selection and appointment of the candidates,
namely, Jahangir Hussain & Manzoor Ahmed Mir , who figured as
respondents No. 8 & 9 in SWP No. 2091/2009 , to be in place of to
be ousted two candidates/appointees, namely, Om Raj Sombria &
Virender Kumar , and consequently re-drawing of the Wait List by
placing the writ petitioner - Abhimanyu Pratap Singh Jamwal at
serial number 4 in the Wait List Open Merit (OM) for the
advertisement notification No. 01 of 2002 and on that basis to
appoint the writ petitioner- Abhimanyu Pratap Singh Jamwal to the
post of Naib Tehsildar notwithstanding the age bar which had come
to set in because of long pendency of the matter till its final
adjudication taking place in terms of judgment dated 23.11.2021 .
29. It is against aforesaid adjudication of the Central
Administrative Tribunal (CAT), Jammu Bench that first of the two
writ petitions i.e. WP(C) No. 2796/2022 came to be preferred by
two petitioners, namely, J&K Services Selection Board and the UT
of Jammu & Kashmir . This writ petition WP(C) No. 2796/2022
was filed on 22.11.2022.
30. Later on writ, petition WP(C) No. 2225/2023 came to be
preferred by the two petitioners, namely, Om Raj Sombria &
Virender Kumar being to be affected selectees and appointees in

WP(C) No. 2796/2022 c/w
Page 10 of 18
WP(C) No. 2225/2023

terms of judgment dated 23.11.2022 of the Central Administrative

Tribunal, Jammu Bench.

31. In the aforesaid two writ petitions, the original writ
petitioner - Abhimanyu Pratap Singh Jamwal, figuring as the
respondent No. 1 & respondent No. 11 respectively but for the sake
of easy reference it is referred as the original writ petitioner in order
to ward off confusion whereas the two writ petitioners i.e. Om Raj
Sombria & Virender Kumar of writ petition WP(C) No. 2225/2023
to be referred as the respondents No. 11 & 12 of original SWP No.
2091/2009.
32. In WP(C) No. 2796/2022, two writ petitioners – J&K
Services Selection Board & the UT of Jammu & Kashmir are
questioning the judgment dated 23.11.2021 of the Central
Administrative Tribunal (CAT), Jammu Bench on the grounds that
two posts reserved for Handicap Category by reference to
advertisement notice No. 01 of 2002 dated 26.04.2002 were
required to be filled form the pool of posts in the Open Merit (OM)
category in view of selection of RBA & ALC category candidates and
those being the respondent No. 8 – Jahangir Hussain and the
respondent No. 9- Manzoor Ahmed Mir in WP(C) No.2796/2022
getting selected under RBA & ALC category with Handicap Category
tag as well.
33. The writ petitioners of WP(C) No.2796/2022 submit that
there was no material before the Central Administrative Tribunal
(CAT), Jammu Bench to fetch and record a finding that two posts

WP(C) No. 2796/2022 c/w
Page 11 of 18
WP(C) No. 2225/2023

reserved for Handicap Category were taken out of Open Merit (OM)

category posts in the backdrop of the fact that in the advertisement

notice No. 01 of 2002 dated 26.04.2002 for the Handicap Category,
two posts were advertized for which a separate select list was issued
for said two posts to which the respondent No. 8 – Jahangir
Hussain and the respondent No. 9 – Manzoor Ahmed Mir of writ
petition – WP(C) No. 2796/2022 got selected and, therefore, the
respondent No. 1 – Abhimanyu Pratap Singh Jamwal, (the writ
petitioner in SWP No. 2091/2009) being an Open Merit (OM)
category candidate, could not have any grievance against the
selection and appointment of two candidates belonging to Handicap
Category, but this aspect was overlooked and not considered by the
Central Administrative Tribunal (CAT), Jammu Bench.
34. It is pleaded that the Central Administrative Tribunal
(CAT), Jammu Bench erred in its appreciation with respect to SRO-
387 dated 01.12.2008 providing that in the event of a tie between/
amongst selectees order of merit to be determined in accordance
with highest marks secured in viva-voce and also providing other
contingencies related to the merit of competing candidates being
found in a state of tie.
35. The two writ petitioners of WP(C) No. 2796/2022 are,
thus, defending to say that the respondent No. 1 – Abhimanyu
Pratap Singh Jamwal (the writ petitioner in SWP No. 2091/2009)
was not subjected to any arbitrary or discriminatory treatment on
the part of the petitioner No. 1 – J&K Services Selection Board in the

WP(C) No. 2796/2022 c/w
Page 12 of 18
WP(C) No. 2225/2023

matter of his placement at serial number 7 in the Wait List with

respect to Open Merit (OM) category.

36. It is pleaded that the judgment of this Court in LPA(SW)
No. 183/2016 titled “Shahid Nazir Vs State of J&K and others” was
distinguishable to be not applicable to the case of the respondent
No. 1-Abhimanyu Pratap Singh Jamwal (the writ petitioner in SWP
No. 2091/2009) for the reason being that at the time of origin of the
case of Shahid Nazir, the petitioner No. 1 – J&K Services Selection
Board had come forward with J&K Services Selection Board
(Business & Procedure) Regulations, 2013.
37. The two writ petitioners, namely, Om Raj Sombria &
Virender Kumar of writ petition WP(C) No. 2225/2023 have come
forward to salvage their selection and appointment setting out the
grounds of challenge in para 12 of their writ petition.
38. The two writ petitioners of WP(C) No. 2225/2023 are
coming forward to say that the Central Administrative Tribunal
(CAT), Jammu Bench erred in its understanding and reasoning with
respect to the advertisement notice No. 01 of 2002 dated 26.04.2002
which clearly provided that the two posts advertized under
Handicap Category were not meant to be belonging to Open Merit
(OM) category and that is the reasoning that they were advertized
under the head ‘HC Category” and, therefore, there was no occasion
for the Central Administrative Tribunal (CAT), Jammu Bench to hold
that the writ respondents No. 9 – Jahangir Hussain and 10 –
Manzoor Ahmed Mir in WP(C) No. 2225/2022 ought to have been
accommodated as Handicap Category candidates by reference to

WP(C) No. 2796/2022 c/w
Page 13 of 18
WP(C) No. 2225/2023

their respective category of and in RBA & ALC pool so as to exclude

the two petitioners – Om Raj Sombria & Virender Kumar of WP(C)

No. 2225/2022 from their respective positions in said two categories
of RBA & ALC on the basis whereof the two petitioners came to be
selected and appointed.
Om Raj Sombria Virender
39. The two writ petitioners – &
Kumar of WP(C) No. 2225/2022 submit that SRO-294 was not in
picture by reference to the advertisement notice No. 01 of 2002
dated 26.04.2002 and, therefore, its principle of horizontal
reservation could not have been applied.
40. When this Court examines the impugned judgment dated
23.11.2021 of the Central Administrative Tribunal (CAT), Jammu
Bench what comes out is that the action and stand of the writ
petitioner No. 1 – J&K Services Selection Board of WP(C) No.
2796/2022 in consuming two posts from One Merit (OM) category
for the accommodation of the writ respondents No. 8 – Jahangir
Hussain & No. 9 – Manzoor Ahmed Mir in WP(C) No. 2796/2022,
who are the writ respondents No. 9 & 10 in WP(C) No. 2225/2023
as being legally and constitutionally invalid on the reasoning that
two candidates should have been placed by reference to their
Handicap Category status in ALC & RBA category at the cost of two
petitioners in WP(C) No. 2225/2023, namely, Om Raj Sombria &
Virender Kumar , notwithstanding the fact that the merits of the
two petitioners – Om Raj Sombria & Virender Kumar in figuring in
the select list under RBA & ALC category being higher than that of
the writ respondents No. 8 – Jahangir Hussain & No. 9 - Manzoor

WP(C) No. 2796/2022 c/w
Page 14 of 18
WP(C) No. 2225/2023

Hussain in WP(C) No. 2796/2022 and as respondents No. 9 & 10 in

WP(C) No. 2225/2023.

41. The Central Administrative Tribunal (CAT), Jammu
Bench has come up with a finding that the writ respondents No. 8 –
Jahangir Hussain & No. 9 – Manzoor Ahmed Mir of WP(C) No.
2796/2022 and as the writ respondents No. 9 & 10 in WP(C) No.
2225/2023, as being the handicapped candidates as well, were
wrongly placed and adjusted against Open Merit (OM) category
whereas they should have been placed in ALC & RBA category to the
exclusion of two petitioners, namely, Om Raj Sombria & Virender
Kumar of WP(C) No. 2225/2023 and, therefore, the selection and
appointment of two petitioners –Om Raj Sombria & Virender Kumar
of WP(C) No. 2225/2023 being unwarranted was declared to be
quashed. We do not find any error of judgment to this effect on the
part of the Central Administrative Tribunal (CAT), Jammu Bench.
42. The respondent No. 1-Abhimanyu Pratap Singh Jamwal
in WP(C) No. 2796/2022 (the writ petitioner in SWP No. 2091/2009)
was relocated in the wait list of Open Merit (OM) category from serial
number 7 to 4 by reference to advertisement notice No. 01 of 2002
dated 26.04.2002.
43. The respondent No. 1 – Abhimanyu Pratap Singh Jamwal
(the writ petitioner of SWP No. 2091/2009) in his reply/objections to
WP(C) No. 2796/2022 has defended the adjudication of the Central
Administrative Tribunal (CAT), Jammu Bench by stating that the
adjudication is in accordance with the facts and circumstances of
the case as the two petitioners of WP(C) No. 2796/2022 have no

WP(C) No. 2796/2022 c/w
Page 15 of 18
WP(C) No. 2225/2023

locus-standi to assail the judgment dated 23.11.2021 of the Central

Administrative Tribunal (CAT), Jammu Bench.

44. The writ respondent No. 1 – Abhimanyu Pratap Singh
Jamwal in his reply/objections states that two posts of Naib
Tehsildar from Open Merit (OM) category were made available to
Jahangir Hussain Manzoor Ahmed Mir
& , both of being
handicapped status persons who were required to be adjusted in
their respective reserved category of RBA & ALC, to the exclusion of
Om Raj Sombria & Virender Kumar , the two petitioners of WP(C)
No. 2225/2023 and in case the same would have been done, then
Open Merit (OM) posts would have been 29 in number instead of 27.
45. The writ respondent No. 1 – Abhimanyu Pratap Singh
Jamwal in his reply/objections has submitted that his grievance in
the writ petition SWP No. 2091/2009 which later on came to be T.A.
61/8767/2020 before the Central Administrative Tribunal (CAT),
Jammu Bench, had arisen out of erroneous application of SRO-387
dated 01.12.2008 dealing with the situation of tie of candidates in
terms of their comparative merit. In the event of weightage being
given to the marks in the written test, then the writ respondent No.
1 – Abhimanyu Pratap Singh Jamwal would have been relocated to
serial number 4 in the wait list category of candidates instead of
figuring at serial number 7.
46. On principle, we are in agreement with the case of the
writ petitioner – Abhimanyu Pratap Singh Jamwal in SWP No.
2091/2009 and also in agreement with the judgment of the Central
Administrative Tribunal (CAT), Jammu Bench but we find one blind

WP(C) No. 2796/2022 c/w
Page 16 of 18
WP(C) No. 2225/2023

spot, which cannot admit of an escape of our attention and

consideration, in the adjudication of the Central Administrative

Tribunal (CAT), Jammu Bench which is by relocation of the writ
petitioner – Abhimanyu Pratap Singh Jamwal’s position at serial
number 4 of the Wait List Open Merit (OM) relatable to
advertisement notice No. 01 of 2002 dated 26.04.2002, how could
there be a direction for holding the writ petitioner- Abhimanyu
Pratap Singh Jamwal to be in the final select list, be it at serial
number 28 and/or 29 in the Open Merit (OM) list, when there are
three Wait List candidates ahead of the writ petitioner – Abhimanyu
Pratap Singh Jamwal. The Central Administrative Tribunal (CAT),
Jammu Bench has no where come up with a finding that Wait List
candidates three in number at serial numbers 1, 2 & 3 have been
inducted in the operation of Wait List and next immediate is the
petitioner – Abhimanyu Pratap Singh Jamwal as being at serial
number 4.
47. It is here we find that the adjudication of the Central
Administrative Tribunal (CAT), Jammu Bench has gone off the mark
rendering it to that extent amenable to correction and is,
accordingly, corrected by directing the two petitioners in WP(C) No.
2796/2022 i.e. J&K Services Selection Board & the Union Territory
of Jammu & Kashmir through its Revenue Department to operate
the Wait List Open Merit (OM) by its merit position and in case of
non-availability/non-option of the higher Wait List placed
candidates by reference to the writ petitioner – Abhimanyu Pratap
Singh Jamwal’s placement at serial number 4, then to declare the
writ petitioner – Abhimanyu Pratap Singh Jamwal as selected

WP(C) No. 2796/2022 c/w
Page 17 of 18
WP(C) No. 2225/2023

against one of two posts of Open Merit (OM) category in addition to

advertised 27 Open Merit (OM) posts, and effect the appointment of

the writ petitioner- Abhimanyu Pratap Singh Jamwal accordingly,
with notional benefits as envisaged by the judgment of the Central
Administrative Tribunal (CAT), Jammu Bench but without
disturbing the selection and appointment of the two petitioners,
namely, Om Raj Sombria & Virender Kumar of WP(C) No.
2225/2023 by reference to their respective category.
48. In the event of the petitioner being entitled to be selected
and appointed because of operation of the Wait List, then in case
the post/s of 2002 is/are not available, then to appropriate any
vacant post of Naib Tehsildar of any successive year/s and appoint
the writ petitioner- Abhimanyu Pratap Singh Jamwal accordingly.
49. Needful compliance to be done at the end of the two
petitioners i.e. J&K Services Selection Board & the Union Territory
of Jammu & Kashmir through its Revenue Department within a
period of three months from the date of passing of this judgment.
50. Both the writ petitions are, accordingly, disposed of .

(RAHUL BHARTI) (SINDHU SHARMA)
JUDGE JUDGE
JAMMU
15.10.2026
Muneesh

Whether the judgment is speaking : Yes / No

Whether the judgment is reportable : Yes / No

WP(C) No. 2796/2022 c/w
Page 18 of 18
WP(C) No. 2225/2023
Muneesh Sharma
2026.10.15 16:42
I attest to the accuracy and
integrity of this document