STATE TIMES NEWSJAMMU: Justice Ali Mohammad Magrey of J&K High Court on Friday dismissed the bunch of petitions challenging selection of 698 Sub Inspectors in J&K Police (Executive Police, Armed Police and Telecommunication Wing). While dismissing the petition, the court observed that the petitioners, having participated in the selection process, but failing to make the grade to be selected, cannot be allowed to turn around and raise a grievance against the procedure adopted by the respondents and the allied mechanisms connected therewith adopted and applied by the respondents, and the consequent issuance of the selection list. “It being so, these writ petitions, therefore, are held to be not maintainable on this count”, the court held. Justice Magrey observed that as regards the contention of the petitioners that the process of selection against the posts in question has not been undertaken in accordance with the mandate of SRO 202, same is neither countenanced by law nor the facts as the advertisement notice itself clearly makes reference of SRO 202 only as a condition of employment. “Also, in terms of Sub-Rule (2) of Rule 172 of the J&K Police Rules, 1960, all the appointments to non-gazetted ranks above that of Constables have to be made by the appointing authority on consideration of recommendations of a Selection Board. Even otherwise, the petitioners having participated in the entire process of selection without any objection are stopped in law to turn around and contend that the respondents have not followed the procedure in the process of conduct of the selection process. The recruitment of suitable candidates in the Police Department being not only a specialized assignment, but also highly technical in nature, cannot be made by the Services Selection Board. The selection/ recruitment to police force involves special procedures to be adopted, including the Physical Endurance Tests, so as to select the candidates who are capable of becoming efficient Police officials and the same can be only gauged/ determined by the expert senior Police officers, keeping in view the field requirements and responsibilities”, the court observed adding that perusal of pleadings of the parties and the records revealed that there is absolutely no bungling as alleged by the petitioners in the selection process. “Records further revealed that the selection authority has in complete adherence to the procedure made the selection, therefore, by no stretch of imagination standard can be said to have violated the rules or changed the selection criteria prescribed by the rules”, the court observed and added that the contention of selection authority having allowed mass copying is imaginary with no support of any cogent evidence, therefore, not sustainable. “The other limb of the argument of the counsel for the petitioners that a large number of candidates have been selected from a particular centre, thereby vitiating the selection is also untenable in view of the fact that each and every selection is required to be made on the basis of merit obtained by the competing candidates and, in law, there cannot be any impediment in the selection of a large number of candidates from a given centre, in case the candidates have made the grade. Moreover, on perusal of the original selection record, as produced by the respondents, there is nothing forthcoming which would suggest that any irregularity has been committed by the respondents in the process of selection. The respondents have, at every stage of the selection process, in fact, taken all the necessary steps so as to ensure that the process of selection is taken to its logical conclusion in a fair and transparent manner”, the court observed. With these observations, court held the writ petitions, being without any merit, are dismissed together with the connected CMs, IAs and CMPs. Interim direction, if any, passed by this Court and subsisting shall stand vacated, the court added.
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