Direction to determine appointment eligibility via reasoned order following administrative withdrawal of reserved vacancy.

The applicant, an Ex-Serviceman of the Ladakh Scouts Regiment with 17 years of service, applied for the post of Panchayat Accounts Assistant under the Ex-Servicemen (ESM)/ST quota pursuant to Notification No. 01 of 2019

Following the selection process, the applicant was placed at Serial No. 6 in the final selection list on 07.12.2021

Despite his selection remaining unchanged after a subsequent corrigendum, his name was omitted from the final appointment order issued on 18.02.2022 without any show cause notice or justification

The applicant challenged this omission as arbitrary and violative of Articles 14 and 16 of the Constitution of India

During the pendency of the case, the respondents produced a Communication/Notice dated 15.04.2026, indicating that one post under the ESM (ST) quota had been withdrawn in compliance with a previous Tribunal order dated 10.10.2025

1. Whether the omission of the applicant’s name from the appointment order, despite his prior selection, was arbitrary and required judicial intervention?

2. Whether the respondents should be directed to re-evaluate the applicant's case for appointment in light of the Communication/Notice dated 15.04.2026?

The recruitment process was governed by the Jammu & Kashmir Reservation Rules, 2005 (SRO 294) and the J&K Civil Services Decentralization Rules, 2010, which provide the framework for category-based reservations and recruitment procedures

The court also referenced the constitutional mandates of Articles 14 and 16 regarding non-discrimination and equality of opportunity in public employment

The Tribunal did not adjudicate upon the merits of the applicant's claims due to a "consensual stand" adopted by the counsel for both parties

The parties agreed that the Original Application could be resolved by directing the respondents to consider the applicant’s eligibility in the context of the recent Communication/Notice No. KSSRB/Posts/Withdraw/2026/45-48 dated 15.04.2026

The Tribunal noted that since the respondents had withdrawn a post in the relevant category following a separate legal development, the most appropriate remedy was a time-bound administrative review

The court underscored the necessity for a "reasoned and speaking order" to ensure transparency and adherence to applicable rules

The decision must be made based on the applicant's eligibility and applicable rules through a reasoned and speaking order, to be passed before the holding of the next Circuit Bench at Kargil

The Tribunal clarified it had not examined the merits of the petition

No order as to costs was made