Kashmiri Migrants entitled to appointment for rehabilitation if eligible and participated in selection.

The applicants, a large group of Kashmiri Migrants residing in migrant camps in Jammu, filed two matters (TA No. 331/2020 and OA No. 1359/2025) seeking appointment to various posts advertised under the Prime Minister's Special Package for Kashmiri Migrants

They claimed eligibility and participation in the selection process conducted by the Service Selection Recruitment Board (SSRB) for posts meant for migrants, arguing that they were entitled to consideration and appointment as per the Government's rehabilitation scheme

The respondents (State of Jammu & Kashmir and J&K Service Selection Board) contended that the recruitment process was conducted per rules, only selected candidates could be appointed, applicants could not claim appointment as a matter of right, and the process was finalized

1. Whether the applicants, as eligible Kashmiri Migrants who participated in the selection process under the Prime Minister's Special Package, are entitled to appointment against posts meant for them

2. Whether the non-appointment of the applicants, despite their eligibility and participation, constitutes an arbitrary exclusion violating the guarantee of equality under Article 14 of the Constitution

The court primarily relied on its previous judgment in TA No. 8294/2021 and connected matters, which established that eligible migrant candidates could not be deprived of consideration and appointment due to procedural irregularities or administrative delay

The court also implicitly invoked Article 14 of the Constitution of India, emphasizing the principle of equality by stating that "similarly situated candidates must be treated alike"

The overarching legal principle was the intent of the Government's scheme for the rehabilitation and employment of displaced Kashmiri Migrants ("its true spirit")

The court found that the present case was almost identical to a previous matter (TA No. 8294/2021) where eligible migrant candidates were granted relief

The judgment in that case held that the purpose of the government's scheme for displaced persons was rehabilitation and employment, which should be implemented fairly and equitably

The court noted that no evidence was presented to suggest the applicants were ineligible or that their claims were rejected for valid reasons

By treating similar cases alike and focusing on the scheme's spirit, the court concluded that denying the applicants consideration would violate Article 14 by subjecting similarly situated individuals to arbitrary exclusion

The respondents were directed to appoint the applicants against posts meant for Kashmiri Migrants in accordance with applicable rules and the government scheme

If vacancies were not immediately available, the respondents were ordered to accommodate the applicants against the next available vacancies or by creating supernumerary posts

This exercise must be completed within three months from the date of receipt of the order