HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

Reserved on 30.06.2026

Pronounced on 17.07.2026

Uploaded on 17.07.2026

Whether the operative part or full

Judgment is pronounced: Full

WP(C) No. 1279/2021(O&M)

Amit Kundal and others …..Appellant(s)/Petitioner(s)

Through: Mr. Ankur Sharma, Advocate &

Ms. Himani Khajuria, Advocate

Q

vs

Union of India and others .…. Respondent(s)

Through: Mr. Vishal Sharma, DSGI(Sr. Adv.) with

Mr. Karan Sharma, CGSC

CORAM: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE

JUDGMENT

1. Though the medium of the instant petition, the petitioners have sought the

following reliefs:

i) For quashing the select list dated 21.01.2021 issued vide

advertisement notice dated 21.07.2018 with respect to the

Border Security Force (BSF Post Code-A) of Jammu and

Kashmir State/UT against the posts reserved for Border

Guarding Districts Border Guarding Districts and Assam

Rifle(AR) (Post Code-F) of the Jammu and Kashmir

State/UT in which less meritorious candidates than the

petitioners are selected in the open merit and the petitioners

being higher in merit than the last selected candidate have

been ignored;

ii) For quashing the selection of the private respondents 3 to 50

who are less meritorious than the petitioners despite that

selected in the open merit list of the Border Security Force

(BSF) (Post Code-A) of Jammu and Kashmir State/UT

against the posts reserved for Border Guarding Districts and

Assam Rifle (AR) (Post Code-F) of the Jammu and Kashmir

WP(C) No. 1279/2021 Page 2 of 15

State/UT conducted by respondent No. 2 and respondents

No: 1 and 2 may kindly be directed to redraw the select list

according to merit against the open merit list and then SC

Category by Following the reservation policy.

iii) For selecting the petitioners in against the open merit or SC

category of BSF (Post Code-A) Assam Rifle (Post Code-F),

issue appointment letter and appoint the petitioners being

higher in merit than the private respondents as well as other

candidates selected in the open merit or SC category.

iv) Any other order or direction which this Hon’ble Tribunal

may deem fit and proper in the facts and circumstances of the

case in hand.”

2. Respondent No. 2, vide Advertisement Notice dated 21.07.2018, invited

applications for recruitment to the posts of Constable (General Duty) in the

Central Armed Police Forces (CAPFs), the National Investigation Agency

(NIA), the Secretariat Security Force (SSF), and Rifleman (General Duty) in

the Assam Rifles. As per the Advertisement Notice, the recruitment process

comprised a Computer-Based Examination, followed by the Physical

Efficiency Test (PET), Physical Standard Test (PST), and Medical

Examination. The petitioners successfully qualified the Computer Based

Examination, as averred in paragraph 5 of the writ petition.

3. Pursuant to the Advertisement Notice, 10% vacancy quota was reserved for

Ex-Servicemen and in the event of non-availability of qualified Ex-

Servicemen, such vacancies were to be filled from the non-Ex-Servicemen

candidates within their respective categories. Furthermore, because the

vacancies were allocated to State/Union Territory (UT), the candidates were

required to submit the Domicile or Permanent Resident Certificate for the

corresponding State/UT indicated in their online application during the

Detailed Medical Examination (DME) or Document Verification phase.

WP(C) No. 1279/2021 Page 3 of 15

Failure to produce this certification would result in the immediate

cancellation of candidature, thereby disqualifying the applicant from

participating in the DME. As per the notice, relaxation of the upper age limit

was permissible for SC, ST, OBC, Ex-Servicemen, and other designated

categories in accordance with the prevailing Government orders referred in

the eligibility criteria. Para 4(c)(i) of the Notice further provides that the

candidate, who wish to be considered against the vacancies reserved/or

seeking age relaxation are required to submit requisite certificate from the

competent authority in the prescribed format.

4. The Physical Standard Test prescribed for the post of Constable/Rifleman

mandated a minimum height of 170 cm for male candidates and 157 cm for

female candidates belonging to the General, Scheduled Caste (SC), and

Other Backward Classes (OBC) categories. An exception was carved out for

Garhwalis, Kumaonis, Dogras, and Marathas, as well as candidates residing

in the States of Assam, Himachal Pradesh, and Jammu and Kashmir, for

whom the minimum required height for male candidates was fixed at 165

cm. Furthermore, the chest measurement standard prescribed for male

candidates in the General, SC, and OBC categories was 80 cm unexpanded,

with a mandatory minimum expansion of 5 cm.

5. The petitioners, who are the permanent residents of the Union Territory of

Jammu and Kashmir and belong to the Scheduled Caste category, applied

online for the post of Constable (General Duty) across all branches from (a)

to (h). Upon qualifying the written examination, the petitioners were

summoned for the Physical Efficiency Test and Physical Standard Test at

BSF Camp Paloura, Jammu. During the Physical Measurement Test, the

WP(C) No. 1279/2021 Page 4 of 15

petitioners were granted a relaxation on the strength of their status as

permanent residents of the State/Union Territory of Jammu and Kashmir.

The specific details of the relaxation granted to the petitioners are set forth

below:

Petitioner No. 1 Height required

for General, SC

and OBC was

170 cms for

male and for

J&K State/UT

165 cms

Height measured

175 cms

Chest 80 to 85

cm required

for J&K, 78-83

cm

Chest

measured 78-

83 cm

(relaxation

sought on the

basis of PRC)

Petitioner No. 2 Height required

for General, SC

and OBC was

170 cms for

male and for

J&K State/UT

165 cms

Height measured

169 cms

(relaxation sought

on the basis of

PRC)

Chest 80 to 85

cm required

for J&K, 78-83

cm

Chest

measured 88-

93 cm

Petitioner No.3 Height required

for General, SC

and OBC was

170 cms for

male and for

J&K State/UT

165 cms

Height measured

167

cms(relaxation

sought on the

basis of Dogra of

J&K)

Chest 80 to 85

cm required

for J&K, 78-83

cm

Chest

measured 81-

86 cm

Petitioner No.4 Height required

for General, SC

and OBC was

170 cms for

male and for

J&K State/UT

165 cms

Height measured

167.5

cms(relaxation

sought on the

basis of PRC)

Chest 80 to 85

cm required

for J&K, 78-83

cm

Chest

measured 78-

83

cm(relaxation

sought on the

basis of PRC)

6. The petitioners submit that the private respondents likewise sought and were

granted relaxation, yet were selected by the official respondents despite

having secured lower marks than the petitioners in the written examination.

For the post code (A) and (F) for area (Code B) and (Code G) respectively,

the cut-off marks for the unreserved category was 57.40899 and 58.02482,

whereas the petitioner Nos. 1 to 4 had secured 59.32587, 59.05198 58.11991

and 59.28827 marks respectively.

7. The petitioners have assailed the select list on the ground that they were

higher in merit and they were not given benefit in accordance with the

WP(C) No. 1279/2021 Page 5 of 15

Reservation Statute. The petitioners, in fact, fulfilled the criteria of written

and physical standard fixed for the candidates of UT of Jammu and Kashmir,

and no other relaxation of whatsoever nature was sought by the petitioners

on the basis of their Scheduled Caste Category, as such, the selection of the

private respondents is bad in law.

8. The petitioners contend that the reservation policy was violated because

reserved category candidates with superior marks were bypassed in favour of

less meritorious Open Merit candidates. Specifically, in the BSF (Border

Guarding District quota), the cut-off marks for the Open Merit was

57.40899, while the cut-off for the Scheduled Caste category was

significantly higher at 60.11553. A similar disparity exists in the Assam

Rifles selection list, where the last selected Open Merit candidate secured

58.02482 marks, compared to 60.32360 marks for the last Scheduled Caste

candidate. By failing to accommodate these high-scoring reserved category

candidates against the Open Merit, the official respondents have perversely

turned the petitioners' superior merit into a disadvantage, directly violating

established reservation principles.

9. The official respondents have filed a response detailing the participation of

the four petitioners (Amit Kundal, Sahil Kumar, Chetan Kumar, and Ankesh

Kumar) in the recruitment process, as set forth below:

S.

No.

Events

1. Physical Standard Test (PST) and Physical Efficiency Test (PET) of Sh.

Amit Kundal (Roll No. 1004205939) was held at Frontier Hqr BSF

Jammu on 31.08.2019. He had availed relaxation in chest being 78.83

cm and qualified in PST and PET. Further he was declared UNFIT in

Detailed medical Examination on 17.01.2020 at GC, CRPF Bantalb,

Jammu and in his Review medical examination carried out on

18.09.2020, he was declared FIT in it.

WP(C) No. 1279/2021 Page 6 of 15

2. PST & PET of Sh. Sahil Kumar (Roll No. 1004113775) was held at

Frontier HQr BSF Jammu on 30/08/2019. He had availed relaxation in

Height being 169 Cms and qualified in PST & PET. Further he was

declared UNFIT in Detailed Medical Examination on 16/01/2020 at GC,

CRPF Bantalab, Jammu and in his Review Medical Examination carried

out on 17/09/2020 at FTR HQr BSF Jammu and as per RME report dated

17/09/2020, he was declared FIT in it.

3. PST & PET of Sh. Chetan Kumar (Roll No. 1004118904) was held at

Frontier HQr BSF Jammu on 30/08/2019. He had availed relaxation in

Height being 167 Cms and qualified in PST & PET. Further he was

declared FIT in Detailed Medical Examination carried out on

16/01/2020 at GC, CRPF Bantalab, Jammu

4. PST & PET of Sh. Ankesh Kumar (Roll No. 1004015903) was held at

Frontier HQr BSF Jammu on 29/08/2019. He had availed relaxation in

Height being 167.5 Cms& chest being 78.83 cms and qualified in PST &

PET. Further he was declared FIT in Detailed Medical Examination

carried out on 14/01/2020 at GC, CRPF Bantalab, Jammu.

10. Respondents have admitted the marks secured by the petitioners. It is further

mentioned that as per the Staff Selection Commission (SSC), Para No.

11(xiii) of the Notice, SC, ST, OBC and Ex-Serviceman candidates, who

were selected on their own merit, without relaxed standards, along with

candidates belonging to other communities, will not be adjusted against the

reserved share of vacancies. Such candidates will be accommodated against

the unreserved vacancies as per their position in the overall merit list. The

reserved vacancies will be filled up separately from amongst the eligible SC,

ST, OBC and Ex-Serviceman candidates. It is further stated that as per Para

No. 11(xiv) of the Notice, the SC, ST, OBC and Ex-Serviceman candidate,

who qualifies on the basis of relaxed standards, viz. Age limit, height and

chest measurement, experience or qualifications, permitted number of

chances, extended zone of consideration larger than what is provided for

General Category candidate etc, irrespective of his/her merit position, such

SC, ST, OBC and Ex-Serviceman candidates are to be counted against

WP(C) No. 1279/2021 Page 7 of 15

reserved vacancies. Insofar as, cases of Ex-Serviceman are concerned,

deduction of the military service rendered from the age of ex-serviceman is

permissible against the reserved or unreserved posts and such exemption

cannot be termed as relaxed standards in regard to age.

11. It is urged by the official respondents that respondent Nos. 3 to 50 are either

unreserved or Scheduled Caste category candidates. The unreserved

candidates among the respondents 3 to 50, qualified in all stages of the said

examination and cleared the Final Cut-off in their respective category/State/

Area. The SC category candidates among respondent Nos. 3 to 50 have not

qualified in their respective category/State/Area, however, they have been

considered against unreserved vacancies as they have not availed any height

or chest relaxations and had met category cut-off, whereas the petitioners

belong to reserved category (SC) and have availed height and chest

relaxation or both and though, they have qualified in all stages of the said

exam but could not clear the Final Cut Off in their respective

category/State/Area, therefore, they cannot be considered under unreserved

category.

12. Mr. Ankur Sharma, learned counsel for the petitioner has submitted that

under Para 11(xiii) of the Notice, reserved category candidates

(SC/ST/OBC/Ex-Servicemen) who qualify under general standards must be

adjusted against unreserved vacancies, rather than the reserved quota.

Having availed of no relaxation based on their Scheduled Caste status, the

petitioners should have been considered for unreserved posts. Para 11(xiv) of

the Notice cannot be applied against them, as the physical relaxation they

WP(C) No. 1279/2021 Page 8 of 15

received was granted exclusively on account of their domicile in the Union

Territory of Jammu and Kashmir, rather than their caste status.

13. Per Contra, Mr. Vishal Sharma, learned DSGI appearing for the official

respondents, has submitted that the petitioners applied under the SC category

and accepted physical relaxations. Para 11(xiv) of the Notice strictly

mandates that they be counted against the reserved quota alone, barring any

subsequent migration to unreserved vacancies. He has placed reliance upon

the judgment of the Supreme Court reported in Union of India v Sajib Roy,

(2025) SCC online SC 1943.

14. Heard and perused the record.

15. The official respondents have admitted the domiciliary status of the

petitioners as residents of the Union Territory of Jammu and Kashmir. The

physical standards prescribed for the post of Constable/Rifleman are set forth

below:

III. Physical Standard Test (PST)

Physical standards laid down for the post of Constable/Rifleman

are:

a. Height: Height (in cms)

Male Female

General, SC & OBC candidates (except those

mentioned below)

170 157

Relaxations:

The minimum height for all candidates belonging to

Scheduled Tribes

162.5 147.5

The minimum height for all Schedule Tribe

candidates hailing from the North-Eastern States of

Arunachal Pradesh, Manipur, Meghalaya, Mizoram,

Nagaland, Sikkim & Tripura and Naxal/ Left Wing

Extremism affected Districts

160 147.5

The Minimum height for the candidates falling in the

categories of Garhwalis, Kumaonis, Dogras, Marathas

and candidates belonging to the States of Assam,

Himachal Pradesh and Jammu & Kashmir

165 155

The minimum height for the candidates hailing from

North Eastern States of Arunachal Pradesh, Manipur,

Meghalaya, Mizoram, Nagaland, Sikkim and Tripura

162.5 152.5

WP(C) No. 1279/2021 Page 9 of 15

The minimum height for the candidates hailing from

Gorkha Territorial Administration (GTA) comprising

of the three Sub-Division of Darjeeling District

namely Darjeeling, Kalimpong and Kurseong and

includes the following “Mouzas” Sub-Divisions of

these Districts: (1) Lohargarh Tea Garden (2)

Lohagarh Forest (3) Rangmohan (4) Barachenga (5)

Panighata (6) Chota Adalpur (7) Paharu (8) Sukna

Forest (9) Sukna Part-I (10) Pantapati Forest-1 (11)

Mahanadi Forest (12) Champasari Forest (13)

SalbariChhatpart-II (14) Sitong Forest (15) Sivoke

Hill Forest (16) Sivoke Forest (17) Chhota Chenga

(18) Nipania.

157 152.5

b. Chest: Chest (in cms:

unexpanded/minimum

expansion)

Male Female

General, SC & OBC male candidates (except those

mentioned below)

8

0

/

5

N

/

A

Relaxations:

The minimum chest for all male candidates

belonging to Scheduled Tribes

76/5 N/A

The minimum chest for male candidates falling in

the categories of Garhwalis, Kumaonis, Dogras,

Marathas and candidates belonging to the States of

Assam, Himachal Pradesh and Jammu & Kashmir

78/5 N/A

The minimum chest for the candidates hailing from

North Eastern States of Arunachal Pradesh,

Manipur, Meghalaya, Mizoram, Nagaland, Sikkim

and Tripura and candidates hailing from Gorkha

Territorial Administration (GTA) comprising of the

three Sub-Division of Darjeeling District namely

Darjeeling, Kalimpong and Kurseong and includes

the following “Mouzas” Sub-Divisions of these

Districts: (1) Lohargarh Tea Garden (2) Lohagarh

Forest (3) Rangmohan (4) Barachenga (5) Panighata

(6) Chota Adalpur (7) Paharu (8) Sukna Forest (9)

Sukna Part-I (10) Pantapati Forest-1 (11) Mahanadi

Forest (12) Champasari Forest (13)

SalbariChhatpart-II (14) Sitong Forest (15) Sivoke

Hill Forest (16) Sivoke Forest (17) Chhota Chenga

(18) Nipania.

77/5 N/A

c. Weight: For male and female candidates: Proportionate to height and

age as per medical standards.

Note-I: Chest measurement for Female candidates will not be taken.

However, it should be ascertained that the chest is well developed.

Note-II Scrutiny of eligibility of candidates for relaxations i.e. age,

height and chest measurement will be carried out after qualifying PET

(race) before PST by CAPFs PET/ PST Boards. Relaxation in height and

chest (as the case may be) as mentioned above will be permissible only

WP(C) No. 1279/2021 Page 10 of 15

on production of certificate at the time of PST/ PET in the proforma as

prescribed in Annexure-VIII from the competent authorities.

Note-III The candidates who are declared not qualified in Physical

Standards, i.e. height and chest may prefer an appeal on same day, if they

so desire, to the Appellate Authority nominated for the Centre through

Presiding Officer (PO). The decision of the Appellate Authority will be

final and no further appeal or representation in this regard will be

entertained thereafter. There is no appeal in PET (Race).

Note-IV Conduct of PST/ PET and DME/ RME will be the sole

responsibility of the CAPFs. The Commission will not entertain any

representation/ appeal/ RTI Applications/ CPGRAMs against the

decision of the PST/ PET and DME/ RME Board.

16. The petitioners were granted relaxations in physical standards as detailed

above. Pursuant to the prescribed Physical Standard Test criteria, the

candidates belonging to the Open Merit, Scheduled Caste (SC), and Other

Backward Class (OBC) categories excluding Garhwalis, Kumaonis, Dogras,

Marathas, and candidates residing in the States of Assam, Himachal Pradesh,

and the Union Territory of Jammu and Kashmir, must possess a minimum

height of 170 cm for males and 157 cm for females. Crucially, no relaxation

in height or chest measurements is afforded to the candidates solely on

account of their SC status. Instead, the lower minimum height requirement of

165 cm for males and 155 cm for females is restricted to categories such as

Garhwalis, Kumaonis, Dogras, Marathas, and residents of Assam, Himachal

Pradesh, and Jammu and Kashmir. Consequently, it is clear that the height

relaxation extended to petitioner Nos. 2, 3, and 4 was attributable exclusively

to their domicile in the Union Territory of Jammu and Kashmir, and was

entirely unrelated to their caste status.

17. With respect to chest measurements, male candidates belonging to the Open

Merit, Scheduled Caste (SC), Scheduled Tribe (ST), Other Backward Class

(OBC), and Ex-Servicemen categories excluding Garhwalis, Kumaonis,

Dogras, Marathas, and residents of the States of Assam, Himachal Pradesh,

WP(C) No. 1279/2021 Page 11 of 15

and the Union Territory of Jammu and Kashmir, must possess a minimum

chest measurement of 80 cm unexpanded, with a minimum expansion of 5

cm. In this regard as well, no relaxation is extended to candidates on account

of their Scheduled Caste status. However, a relaxed standard of 78 cm

unexpanded, with a 5 cm expansion, is specifically prescribed for male

candidates who are residents of the Union Territory of Jammu and Kashmir.

Thus, it is evident that petitioner Nos. 1 and 4 were granted chest relaxation

solely by virtue of their domicile of the Union Territory of Jammu and

Kashmir, independent of their caste category.

18. The relaxation granted to the residents of the Union Territory of Jammu and

Kashmir applies uniformly across both unreserved and reserved categories.

Consequently, the petitioners did not receive any benefit on account of their

Scheduled Caste status, but rather on account of their domicile. As per Para

No. 11(xiv) of the Notice, the SC, ST, OBC and Ex-Serviceman candidate,

who qualifies on the basis of relaxed standards, viz. age limit, height and

chest measurement, experience or qualifications, permitted number of

chances, extended zone of consideration larger than what is provided for

General Category candidate etc, irrespective of his/her merit position, such

SC, ST, OBC and Ex-Serviceman category candidates are to be counted

against reserved vacancies.

19. A conjoint reading of Paragraphs 11(xiii) and 11(xiv) of the Notice reveals

that if candidates belonging to the Scheduled Caste (SC), Scheduled Tribe

(ST), Other Backward Class (OBC), or Ex-Servicemen categories are

selected on their own merit, without availing themselves of relaxed standards

reserved exclusively for those categories, they must be accommodated

WP(C) No. 1279/2021 Page 12 of 15

against unreserved vacancies. The respondents have failed to demonstrate

that the petitioners were granted any relaxed standards beyond those

generally available to the candidates outside the reserved categories (SC, ST,

OBC, and Ex-Servicemen). Consequently, the official respondents cannot

rely upon Paragraph 11(xiv) of the Notice to contend that merely because the

petitioners applied under the SC category, they must be counted exclusively

against the reserved quota.

20. The petitioners have not been granted the benefit of relaxation in height and

chest measurements on account of their SC category status. As such, this

Court is of the considered view that the petitioners' SC status has resulted in

a distinct disadvantage to them. The distinction drawn by the official

respondents in their response is discriminatory and directly contravenes

Articles 14 and 16 of the Constitution of India. Consequently, the impugned

action of the respondents is wholly unsustainable and cannot be

countenanced in law.

21. The Gauhati High Court in case “Jitendra Thakur and others Vs. Union of

India and others” in WP(C) No. 1681/2021, decided on 07.06.2022 has

observed in para No.10 as under :-

“10. It is no more res integra that the state and its

instrumentalities are within its jurisdiction and competence to

prescribe relaxed standard for reserved category candidates,

including on the basis of region. The relaxed standard in

question as provided, are in respect of eligibility/qualifying

standard, such as minimum measure in heigh and chest. These

are the eligibility criterias/qualifying standard without which, a

candidate is not qualified to participate in the other tests such as

computer Proficiency Test, Physical Test, Written Examination

etc. And the marks are awarded on the basis of performance in

the said tests and not on the basis of the qualifying standards.

Therefore, the final determination of rank in the select list is

based on the marks obtained in the tests and not on the basis of

relaxed qualifying standard. Thus, participating in the aforesaid

tests and obtaining the marks don’t have any nexus with the

WP(C) No. 1279/2021 Page 13 of 15

relaxed standard, which is a general relaxation for all ST/SC

candidates and candidates from North Eastern State.”

22. In similar circumstances, the Delhi High Court in “Hemant Pokhriyal Vs.

Staff Selection Commission and others”, 2021 SCC ONLINE DEL 4591

held that relaxation given in height or chest are available to candidates from

a specific region, whether the candidate belong to reserved or un-reserved

category, cannot lead categorization of the candidates exclusively for SC,ST

and OBC, ignoring their meritorious position amongst other category

candidates.

23. The judgment relied upon by Mr. Vishal Sharma, learned DSGI in Sajib

Roy’s case (supra), is not applicable in the present facts and circumstances

of the case The precedent cited by the respondents is distinguishable. In the

said judgment, the candidate applied under the OBC category and utilized an

age relaxation tied directly to that caste status. In the present case, however,

the petitioners received no benefits based on their Scheduled Caste status.

Instead, they received a relaxation based on their domicile, which was

uniformly available to all applicants regardless of category.

24. This Court has no hesitation in holding that a grave injustice has been caused

to the petitioners, who were excluded from selection despite possessing

higher merit than the candidates selected by the official respondents.

Ordinarily, the appointment of candidates possessing lower merit must be set

aside. However, taking into consideration that the Union of India has

expended substantial public funds on their training and that the said

candidates have been in active service for the past five years, ousting them at

WP(C) No. 1279/2021 Page 14 of 15

this late stage would be harsh and iniquitous, particularly since no fault can

be attributed to them.

25. In terms of interim order passed by this Court dated 02.07.2021, the official

respondents were directed not to operate the waiting list of four posts of

Constable (GD) for Border Guarding Districts in BSF for Union Territory of

J&K. Vide order dated 30.09.2024, the responders were directed to file an

affidavit stating therein the total number of vacancies existing as on the date

and as to whether the petitioner can be considered against the vacant posts

of Constable (GD) for Border Guarding District in BSF for Union Territory

of J&K or not. Affidavit in compliance to order (supra) was filed by the DIG

(Adm) CRPF, O/o IGP, Jammu Sector, Bantalab, Jammu stating therein that

no vacancy pertaining to Constable (GD) Examination 2018 exists as on date

and the vacancies of Constable (GD) were forwarded to the next recruitment

of the Constable (GD) Examination 2021. Thereafter, the recruitment for

Constable (GD) for the year 2021 & 2022-23 has also been concluded.

26. In “Gaurav Pradhan v. State of Rajasthan”, (2018) 11 SCC 352, the

Hon’ble Apex Court directed the official respondents therein, to issue

appointment orders in favour of non-selected candidates against the existing

vacancies and in case of non-availability of posts, to create supernumerary

posts for their adjustment.

27. To balance the equities and ensure that the expenditure incurred by the

Union of India in imparting training to the less meritorious candidates is not

rendered wasteful, this petition is disposed of with the following directions:

(i) The official respondents shall issue appointment orders in favour of

the petitioners in case the vacancies are available and in case the

WP(C) No. 1279/2021 Page 15 of 15

same are not available, the official respondents shall create

supernumerary posts for their adjustment, provided there in no other

legal impediment.

(ii) The consequential order in this regard shall be passed within a period

of three months from the date a copy of this judgment is furnished by

the petitioners to the official respondents.

28. Disposed of.

(RAJNESH OSWAL)

JUDGE

Jammu

17.07.2026

Rakesh PS

Whether the order is speaking: Yes

Whether the order is reportable: Yes