Shabir Ahmad Baba vs Jammu & Kashmir Police

Court
Central Administrative Tribunal

[1] T.A. No. 1563 of 2020
(SWP No. 2809 of 2018)
CENTRAL ADMINISTRATIVE TRIBUNAL
SRINAGAR BENCH, SRINAGAR
T.A. NO.: 1563 OF 2020
(SWP NO.: 2809 OF 2018)
th
(Srinagar, 27 day of October 2026)

C O R A M
HON’BLE MR. M.S. LATIF, MEMBER (JUDL.)
HON’BLE MR. PRASANT KUMAR, MEMBER (ADMN.)
............

1. Farooq Ahmad Bhat, S/o Ab. Rehman Bhat, R/o Parnewa
Khansahib Budgam, Aged 24 years.
2. Mushtaq Ahmad Mir, S/o Ali Mohammad Mir, R/o Nusgam
Budgam, Aged 29 years.
............ Applicant(s).

By Advocate : - Mr. Ruaani Ahmad Baba.

Versus


1. State of Jammu and Kashmir through its
Commissioner/Principal Secretary to Government, Home
Department Civil Secretariat Srinagar/Jammu
2. Director General of Police, PQ J&K Jammu/Srinagar

3. Addl. Director General of Police, Armed/I&O J&K, Jammu
(Chairman Central Recruitment Board)

4. DIG Armed Police Kashmir Srinagar/Jammu
........ Official Respondents.

Digitally signed by ABHISHEK PUNIA DN: C=IN, CN=ABHISHEK PUNIA, O=Central Administrative Tribunal Srinagar
Bench, OU=Department of Personnel And Training, ST=Jammu And Kashmir,
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By Advocate : - Mr. Rais ud din Ganaie, DAG.
PUNIA






[2] T.A. No. 1563 of 2020
(SWP No. 2809 of 2018)
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.
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Bench, OU=Department of Personnel And Training, ST=Jammu And Kashmir,
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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,

[3] T.A. No. 1563 of 2020
(SWP No. 2809 of 2018)
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
Digitally signed by ABHISHEK PUNIA DN: C=IN, CN=ABHISHEK PUNIA, O=Central Administrative Tribunal Srinagar
Bench, OU=Department of Personnel And Training, ST=Jammu And Kashmir,
postalCode=190001, serialNumber=
b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb,
ABHISHEK telephoneNumber=
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Reason: I am the author of this document
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respondents.
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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-

[4] T.A. No. 1563 of 2020
(SWP No. 2809 of 2018)
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
Digitally signed by ABHISHEK PUNIA DN: C=IN, CN=ABHISHEK PUNIA, O=Central Administrative Tribunal Srinagar
Bench, OU=Department of Personnel And Training, ST=Jammu And Kashmir,
postalCode=190001, serialNumber=
b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb,
ABHISHEK telephoneNumber=
e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2
Reason: I am the author of this document
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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

[5] T.A. No. 1563 of 2020
(SWP No. 2809 of 2018)
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.
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Bench, OU=Department of Personnel And Training, ST=Jammu And Kashmir,
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b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb,
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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

[6] T.A. No. 1563 of 2020
(SWP No. 2809 of 2018)
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
Digitally signed by ABHISHEK PUNIA DN: C=IN, CN=ABHISHEK PUNIA, O=Central Administrative Tribunal Srinagar
Bench, OU=Department of Personnel And Training, ST=Jammu And Kashmir,
postalCode=190001, serialNumber=
b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb,
ABHISHEK telephoneNumber=
e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2
Reason: I am the author of this document
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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

[7] T.A. No. 1563 of 2020
(SWP No. 2809 of 2018)
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.
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Bench, OU=Department of Personnel And Training, ST=Jammu And Kashmir,
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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

[8] T.A. No. 1563 of 2020
(SWP No. 2809 of 2018)
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
Digitally signed by ABHISHEK PUNIA DN: C=IN, CN=ABHISHEK PUNIA, O=Central Administrative Tribunal Srinagar
Bench, OU=Department of Personnel And Training, ST=Jammu And Kashmir,
postalCode=190001, serialNumber=
b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb,
ABHISHEK telephoneNumber=
e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2
Reason: I am the author of this document
Location: SRINAGAR BENCH
Date: 2026.10.29 16:40:54+05'30'
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