Waitlisted candidate cannot bypass merit queue for appointment: DB

17/10/2026

JAMMU, Oct 16: The High Court of Jammu and Kashmir and Ladakh has modified a Central Administrative Tribunal (CAT) judgment concerning the selection of Naib Tehsildars, ruling that a candidate placed fourth on the waiting list cannot be appointed without first considering the claims of three candidates ranked above him.
A Division Bench of Justice Sindhu Sharma and Justice Rahul Bharti directed the Jammu and Kashmir Services Selection Board (JKSSB) and the Union Territory administration to operate the waiting list strictly in accordance with merit and complete the exercise within three months.
The case arose from recruitment processes initiated through advertisement notifications issued in 2002, 2005 and 2008. Abhimanyu Pratap Singh Jamwal, an Open Merit candidate who had secured 94.33 marks, challenged his placement at serial number seven on the waiting list, alleging that the reservation policy and the criteria for candidates securing identical marks had not been correctly applied.
In its judgment dated November 23, 2021, the CAT Jammu Bench had accepted his claim, directed the rearrangement of the waiting list and ordered his appointment as Naib Tehsildar despite the age bar arising from prolonged litigation.
The Tribunal had also quashed the selection and appointment of Om Raj Sombria and Virender Kumar and issued directions concerning the adjustment of candidates belonging to the disability category against the relevant reservation categories.
The JKSSB and the UT administration challenged the Tribunal's judgment before the High Court, while Sombria and Kumar separately contested the cancellation of their appointments.
After examining the matter, the Division Bench agreed in principle with the Tribunal's findings concerning the adjustment of candidates under the reservation categories and the correction of the waiting list. However, it found that the direction to appoint Jamwal was not justified merely because his position had improved from seventh to fourth on the waiting list.
The Bench noted that three candidates continued to rank above Jamwal and that the Tribunal had not established that their claims had been exhausted. It held that Jamwal could be considered for appointment only after the claims of the higher-ranked candidates had been duly considered and they were found unavailable or had declined the opportunity.
Accordingly, the High Court modified the Tribunal's directions and ordered the JKSSB and the Revenue Department to consider Jamwal against one of the two additional Open Merit vacancies, subject to the proper operation of the waiting list.
The Bench further directed that if Jamwal became entitled to appointment but vacancies relating to the 2002 recruitment were unavailable, the authorities should accommodate him against a vacant Naib Tehsildar post from a subsequent recruitment year.
The Court clarified that the selection and appointments of Sombria and Kumar would not be disturbed. It also provided for notional benefits in accordance with the Tribunal's judgment in the event of Jamwal's appointment.
Additional Advocate General Raman Sharma, assisted by Advocate Jagmeet Kour, appeared in one petition, while Advocates Rahul Raina and Sheikh Najeeb represented the petitioners in the connected matter. Senior Advocate Abhinav Sharma, assisted by Advocates Aditya Manhas and Abhirash Sharma, and Advocate Nitin Bhasin appeared for the respondents.
The Division Bench disposed of both writ petitions with directions to complete the required exercise within three months.

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