Amit Kundal & Ors vs Union Of India & Ors
2025 Latest Caselaw 1541 J&K

Jammu & Kashmir High Court

Amit Kundal & Ors vs Union Of India & Ors on 27 May, 2025

Author: Rahul Bharti

Bench: Rahul Bharti

                                                    Serial No. 84


 HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                 AT JAMMU

Case:-   WP(C) No. 1279/2021


Amit Kundal & Ors.
                                       .....Appellant(s)/Petitioner(s)


                Through: Mr. Ankur Sharma, Advocate.


               Vs

Union of India & Ors.
                                                  .....Respondent(s)



                Through: Mr. Anishwar Chatterji Koul, CGSC.


Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE

                              ORDER

(27.05.2025)

01. Heard Mr. Ankur Sharma, learned Advocate for the

petitioners.

02. The case, in a nutshell, of the four writ petitioners is

that although they, bearing the status of being Scheduled Caste,

participated in the selection process in terms of an advertisement

notice dated 21.07.2018 for the post of Constables (GD) in

Central Armed Police Forces (CAPFs), NIA & SSF and Rifleman

(GD) in Assam Rifles (AR) Examination, 2018 but are said to have

made in the merit list as general merit list candidates.

03. The petitioners' case is that, being the candidates of

the State of Jammu & Kashmir (now UT of Jammu & Kashmir),

they were entitled to relaxation of physical standards and not as

being Scheduled Caste candidates and, therefore, on the basis of

the relaxed physical standards and their earned merit entitling

them to be selected and appointed as Constables in Open Merit

they have been deprived of selection as well as appointment on

the plea by the respondents that the petitioners as Scheduled

Caste candidates in Scheduled Caste category are not making up

the rank in terms of merit which incidentally was higher than the

cut-off merit in the Open Merit category and, therefore, came to

be deprived of the selection.

04. This Court, in terms of an order dated 02.07.2021,

directed the respondents not to operate waiting list of four posts

of Constables which direction is still operating.

05. Learned counsel for the petitioners places reliance on

the following judgments:

 The Hon'ble Supreme Court decision in "Gaurav Pradhan and Others vs. State of Rajasthan and Others," (2018) 11 SCC 352;

 The Delhi High Court decision in "Hemant Pokhriyal vs. Staff Selection Commission and Others" in W.P.(C) No. 4982/2021, and

 The Gauhati High Court decisions in "Bhuban Biswakarma vs. Union of India and Others" in W.P.(C) No. 5092/2023, "Manoranjan Roy and Another vs.

Union of India and Others" in W.P.(C) No. 3468/2023, and "Jitendra Thakur and Others vs. The Union of India and Others" in W.P.(C) No. 1681/2021.

It is submitted that the issue raised in the present case

is no longer res integra in light of the settled legal position laid

down in the aforementioned judgments.

06. Mr. Vishal Sharma, learned DSGI is reported to be out

of station and would be available on 02.06.2025 for response.

07. List in continuation on Monday i.e., on 02.06.2025.

(RAHUL BHARTI) JUDGE JAMMU 27.05.2025 Bunty