Jammu and Kashmir High Court
Administrative and Public LawCivil Procedure and Evidence

A candidate cannot challenge shortlisting absent proof of higher merit under published selection criteria.

AASIYA ALI vs UT OF J AND K TH. COMMISSIONER SECRETARY HEALTH AND MEDICAL EDUCATION DEPARTMENT, JAMMU AND OTHERS

Jammu and Kashmir High CourtJUDGMENT: September 14, 20262 MIN READSOURCE JUDGMENT
A candidate cannot challenge shortlisting absent proof of higher merit under published selection criteria.. AASIYA ALI vs UT OF J AND K TH. COMMISSIONER SECRETARY HEALTH AND MEDICAL  EDUCATION DEPARTMENT, JAMMU AND OTHERS. Jammu and Kashmir High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The respondents issued Advertisement Notice No. 01 of 2026 dated 05.06.2026 inviting applications for contractual staff for an Addiction Treatment Facility at District Hospital Ramban, including one post of Counsellor.

Source reference: para. 2; p. 2

The prescribed qualification was graduation in Psychology, Social Work or Sociology, with a Master’s degree in the relevant disciplines being preferable; the age limit was 21–40 years.

Source reference: para. 2; p. 2

The petitioner applied, claiming that she possessed the requisite qualifications.

Source reference: paras. 1, 3; p. 1

However, her name was omitted from Notice No. DH/RBN/1637 dated 07.09.2026, which shortlisted candidates for the selection process, including the post of Counsellor.

Source reference: paras. 1, 3; p. 1

She challenged the exclusion, alleging that the respondents had not disclosed the shortlisting criteria or reasons for excluding her and that the process favoured “blue-eyed candidates”.

Source reference: para. 4; p. 2

The respondents relied on the selection criteria published in the advertisement and contended that the shortlisted candidates had secured higher marks.

Source reference: paras. 6–7; pp. 2–3
02

Issues

1. Whether the petitioner’s exclusion from the shortlist for the post of Counsellor was arbitrary or unlawful because the criteria, parameters, or basis of shortlisting had not been disclosed.

Source reference: paras. 4, 8; pp. 2–3

2. Whether the respondents had lawfully shortlisted candidates in accordance with the selection criteria and the prescribed 1:5 ratio.

Source reference: para. 7; p. 3

3. Whether the petitioner was entitled to a direction requiring reconsideration of her candidature for the post of Counsellor.

Source reference: para. 1; p. 1
03

Law Applied

The Court applied the principle that recruitment authorities must follow the selection criteria disclosed in the advertisement and cannot depart from the published criteria during the selection process.

Source reference: para. 6; p. 2

For the post of Counsellor, the advertisement prescribed 80 points for graduation, 10 points for a Master’s degree, and 10 points for viva voce, with the relevant components to be assessed on a pro-rata basis; where screening was conducted, the criteria were 40 points for screening, 40 for graduation, 10 points for a Master’s degree, and 10 points for viva voce.

Source reference: para. 6; p. 2

The advertisement further provided that candidates would be called for viva voce in a 1:5 ratio.

Source reference: para. 7; p. 3
04

Reasoning

The Court found that the petitioner’s contention that the selection criteria had not been published was contradicted by the advertisement placed on record, which expressly contained the applicable criteria.

Source reference: para. 8; p. 3

Applying those criteria, the respondents assessed the candidates’ marks and shortlisted five candidates who had obtained higher points for the viva voce in accordance with the prescribed 1:5 ratio.

Source reference: para. 7; p. 3

The petitioner neither alleged nor established that she had secured more points than the shortlisted candidates, or that any shortlisted candidate had obtained fewer points than her.

Source reference: para. 9; p. 3

Consequently, the Court found no basis to interfere with the respondents’ shortlisting process or to order reconsideration of the petitioner’s candidature.

Source reference: paras. 9–10; pp. 3–4
05

Holding

The Court held that the petitioner’s challenge lacked merit.

Since the selection criteria had been duly published and the respondents had shortlisted candidates according to those criteria and the prescribed ratio, the petitioner was not entitled to reconsideration of her candidature.

Source reference: para. 10; p. 4

The writ petition was accordingly dismissed.

Source reference: para. 10; p. 4
Jammu and Kashmir High Court

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AASIYA ALIvsUT OF J AND K TH. COMMISSIONER SECRETARY HEALTH AND MEDICAL EDUCATION DEPARTMENT, JAMMU AND OTHERS

Jammu and Kashmir High Court · September 14, 2026

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