HC upholds SI selection, dismisses appeals

HC upholds SI selection, dismisses appeals
File Photo of J&K High Court SrinagarMubashir Khan/ Greater Kashmir

Srinagar: The High Court Friday upheld selection and appointment of Sub Inspectors in Executive and Armed wings of the Jammu and Kashmir Police in terms of advertisement notice issued on 30 December 2016.

After the final selection list was issued on 15 of December, 2018, a number of aggrieved candidates challenged the selections and the appointments in a batch of separate petitions before the High Court.

The single bench dismissed their pleas on 9 August 2019, thereby upholding the selection and the appointment of the sub inspectors.

Aggrieved of the decision of the court, they filed appeals against the judgment on various grounds before the Division Bench (DB).

“We are of the considered opinion that there has been no gross or glaring illegality or irregularity in the process of selection of Sub Inspectors which is subject matter of these appeals,” the DB of Chief Justice Pankaj Mithal and Justice Sanjay Dhar said while dismissing the appeals.

The bench pointed out that it was not open to the aggrieved candidates to challenge the selection process after having participated in the same simply because they had failed to make the grade. It said the single judge had rightly observed that “estoppel by conduct would apply with full force to the case of the writ petitioners and they are barred from challenging the selection process in the facts and circumstances of the case.”

The court ruled that the officials have not committed any illegality or irregularity in undertaking the selection process in accordance with the J&K Police Rules. “Thus, it cannot be said that there has been any gross or glaring illegality in the process of selection.”

The Court also rejected the contention that the Selection Committee was to be constituted by the Director General of Police and not the Government.

“Even after the delegation of power, the ultimate power always remains with the delegator and is never renounced,” court said. The Government, the court said, being the source of power, which it has delegated to Director General of Police under Rule 172, was well within its power and jurisdiction to constitute a Selection Committee and, as such, no fault can be found with the procedure adopted by the Government in this regard.

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