Srinagar, July 20, KDC: The Central Administrative Tribunal (CAT) Srinagar has directed the Jammu and Kashmir Home Department to consider and decide the representation of Special Police Officers (SPOs) seeking appointment against 42 Constable vacancies that accrued due to non joining and unwillingness of selected candidates under the 15 percent in service quota.
A Bench comprising Judicial Member Justice Ritu Tagore and Administrative Member Devendra Tripathi issued notice to the Jammu and Kashmir administration on an Original Application filed by serving SPOs who participated in the Constable recruitment drive conducted by the Jammu and Kashmir Services Selection Board (JKSSB) pursuant to Advertisement Notification No. 01 of 2024.
Accepting notice on behalf of the administration, Deputy Advocate General Rais Ud Din Ganaie sought time to file detailed objections, following which the Tribunal granted six weeks for a formal response.
The applicants, serving as SPOs in the Jammu and Kashmir Police Department, submitted that they had applied under the 15 percent special horizontal reservation earmarked for in service candidates under S.O. 339 dated June 19, 2024, and had successfully cleared all stages of selection, including the Physical Standard Test, Physical Endurance Test, and document verification. They contended that despite completing the process, their names were omitted from the final selection list.
The grievance of the applicants stems from a communication issued by the Home Department on June 23, 2026, which informed the JKSSB that 42 vacancies had accrued in the SPO category because several selected candidates were simultaneously chosen in multiple wings, such as the Armed Police Wing and Telecommunication Wing, and opted for one over the other.
“These are not fresh vacancies arising out of a subsequent recruitment process but are vacancies forming part of the same recruitment initiated pursuant to Advertisement Notification No. 01 of 2024,” the applicants argued before the Tribunal, asserting that the posts ought to be filled from the next eligible and meritorious SPO candidates.
Counsel representing the applicants, Advocate Ishtiyaq Ahmad Mir submitted that failing to consider eligible candidates against these 42 vacancies violates Articles 14 and 16 of the Constitution of India, effectively defeating the intent of S.O. 339, which aims to ensure adequate representation of in service SPOs.
“The applicants do not seek appointment beyond the advertised vacancies but only seek consideration against vacancies that have arisen within the same recruitment process, strictly in accordance with merit and the applicable rules,” the application said.
Passing interim directions, the Tribunal ordered the respondents to examine and decide the representation submitted by the applicants in accordance with S.O. 339, S.O. 134, and other statutory rules governing the service.
“Such consideration shall be subject to the applicants satisfying the prescribed eligibility conditions and their entitlement under the applicable rules,” the Bench observed, adding that the direction “shall not be construed as an expression of opinion on the merits of the case, and all questions of fact and law are left open to be considered by the competent authority”.
The Tribunal has listed the matter for further hearing on September 17, 2026. (KDC)
