SC Upholds Jammu Kashmir HC Order, Clears Way for 2005 Jail Warder Recruitment | Kashmir Life

SRINAGAR: The Supreme Court on Friday refused to interfere with a judgment of the Jammu and Kashmir and Ladakh High Court directing the completion of a long-pending recruitment process for Jail Warders advertised nearly two decades ago, bringing closure to a prolonged legal and administrative impasse.

A Bench comprising Justices Vikram Nath and Sandeep Mehta dismissed the special leave petition (SLP) filed by the Union Territory of Jammu and Kashmir, observing that it was “not inclined to interfere with the impugned judgment and order passed by the High Court.” The Bench accordingly dismissed the SLP while disposing of all pending applications.

The petition before the apex court arose from a December 21, 2023 judgment of the Jammu and Kashmir and Ladakh High Court, which had upheld an order of the Central Administrative Tribunal (CAT) quashing the cancellation of the 2005 recruitment process for 73 posts of Warders in the Prisons Department.

In its detailed ruling, the High Court had strongly criticised the authorities for cancelling the recruitment after it had substantially progressed and for keeping the posts vacant for years. A Division Bench of Justices Tashi Rabstan and Rajesh Sekhri noted that pursuant to the recruitment advertisement, candidates had applied and cleared physical and outdoor tests conducted in 2010, followed by literacy tests and document verification in January 2011. Despite this, the final results were never declared.

The High Court observed that the authorities had “kept the matter lingering on for more than 13 years” before cancelling the entire selection process in February 2019 on the ground of alleged procedural irregularities. Rejecting the government’s stand, the court pointed out that even the Department of Law had, on two occasions, advised that once the selection process had reached an advanced stage, it could not be withdrawn.

“Once the selection process has almost been completed, the authorities were not expected to act arbitrarily in cancelling the same, that too after such a long period when the posts are still lying vacant since the year 2005,” the court had held.

The Bench further ruled that any procedural irregularities, if they existed at all, could have been rectified without cancelling the entire process, noting that there were no allegations of illegality, malpractice, or use of unfair means by candidates.

Taking note of the hardship faced by aspirants who had been waiting for nearly two decades, the High Court directed the authorities to complete the recruitment process within three months and adopt a “sympathetic view,” observing that many candidates had crossed the age bar and had little chance of securing alternative employment.

Senior advocate Dr Anindita Pujari, assisted by advocates Piyush Dwivedi, Adil Muneer, Shaileshwar Yadav, Radhika Mahopatra, and Aushaq Hussain, represented 172 candidates before the Supreme Court.

With the apex court declining to interfere, the directions issued by the Jammu and Kashmir and Ladakh High Court have now attained finality, paving the way for the completion of the long-stalled recruitment process in the Jammu and Kashmir Prisons Department.