HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Reserved on : 31.07.2025 Pronounced on : 08.08.2025 Case No: LPA No.209/2018 IA (1/2018) Mohd. Younas, aged 31 years, S/O Aftab Ahmed, R/O Village Slotha (Morthi) Tehsil and District Doda …..Appellant(s)…. Through: Mr. Anil Sethi, Advocate. Vs 1. State of Jammu & Kashmir, Through its Commissioner-cum- Secretary to Government, Home Department, Civil Secretariat, Srinagar. 2. Director General of Police, Jammu & Kashmir Police, Police Headquarters, Jammu 3. Chairman, Central Recruitment Board, (Addl Director General of Police- Armed/L&O), Jammu .…. Respondent(s).. Through: Ms. Saggira Jaffer, Assisting Counsel to Ms. Monika Kohli, Sr. AAG Coram: HON’BLE THE CHIEF JUSTICE. HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE JUDGMENT PER OSWAL-J 1. The appellant pursuant to Advertisement Notice dated 08.04.2010 for recruitment to the posts of Constables in J&K Police, applied under 2 LPA No.209/2018 RBA category. The appellant participated in the process of selection and obtained only 22 marks under the RBA category, whereas the cut off marks fixed for RBA category were 24, as a result of which, the petitioner could not make out in the select list. 2. After remaining unsuccessful in the selection process for recruitment to the post of Constable under RBA category, the appellant filed writ petition bearing SWP No. 1112/2011 seeking writ of Mandamus commanding the respondents to disclose number of vacancies of the posts of Constables in J&K Executive Police which were available/anticipated as on the date of the issuance of Advertisement Notice. Further, writ of Mandamus was sought commanding the respondents to disclose category-wise breakup of the vacancies against the candidates who were considered and selected and for declaring the appellant-petitioner as having been selected against the post of Constable in J&K Executive Police. The appellant-petitioner sought the abovementioned reliefs on the ground that in the Advertisement Notice, number of vacancies were never disclosed. Further merit-wise position of the selected candidates was also not disclosed in the select list. 3. The respondents came up with a response stating therein that the appellant had applied under RBA-open category whereas cut off marks for RBA-open category and General open category were 24 and 25 respectively whereas the petitioner has obtained 22 marks only. The official respondents in the response also demonstrated that there were 160 vacancies of Constables in the Executive Police in District 3 LPA No.209/2018 Doda and these vacancies were distributed amongst the various categories. The vacancies matrix as mentioned in the reply is extracted as under :- Category General ST SC SUPC RBA Open 80 10 10 03 26 SPO 15 02 02 00 05 VHG 04 01 01 00 01 Total 99 13 13 03 32 4. Learned writ Court after hearing the parties dismissed the writ petition preferred by the appellant-petitioner vide order dated 01.05.2018 on the ground that the appellant-petitioner had secured less than cut off marks for RBA-open category and General open category and further that once the appellant-petitioner participated in the selection process, he could not have assailed the process of selection by asserting that the number of vacancies of Constables were not disclosed in the Advertisement Notice. 5. The appellant being aggrieved of judgment dated 01.05.2018 has come up with instant intra court appeal on identical grounds as raised before the writ Court. 6. Heard learned counsel for the parties and perused the record. 7. Though in the response filed by the respondents, this Court finds that it was stated by the respondents that 160 vacancies of Constables were available in District Doda and distributed amongst various categories as mentioned above. However, vide order dated 25.05.2023 passed in 4 LPA No.209/2018 this appeal a direction was issued to the respondents to file affidavit as to why the 26 vacancies of Constables under RBA category which were available when the process to fill up the same was initiated in terms of advertisement notification in question, were not filled up. 8. An affidavit dated 24.07.2023 came to be filed by the respondents stating therein that the appellant-petitioner could not find his place in the RBA-Open Category as well as General Open Category because respective cut off merit for two categories was 24 and 25 respectively whereas the appellant-petitioner had obtained only 22 marks. It was further stated in the affidavit dated 24.07.2023 that as per Order No.52 of 2011 dated 10.02.2011, all the 32 vacancies of Constables in RBA category in District Doda have been filled up by the Recruitment Board and the respondents had no where mentioned in the reply that only 15 out of 26 posts under RBA category alone were filled up as mentioned in the order dated 25.05.2023. Thus, it is evident that there were 160 posts of Constables in the Executive Police in District Doda out of which 32 posts in total were reserved for RBA category which in turn were distributed amongst Open, SPO and VHJ categories. 26 posts were reserved for Open RBA category, 05 posts were reserved for SPO RBA category and 01 post was reserved for VHJ RBA category. All these posts stand filled up. 9. Learned writ Court has examined the issue in right perspective and this Court also does not find any merit in the contention raised by the appellant, particularly, when all the posts stand filled up and the 5 LPA No.209/2018 appellant could not be selected because he obtained less marks than the cut off marks. 10. After giving our thoughtful consideration and deep contemplation to the issues agitated in the intra court appeal, we arrive at an inescapable conclusion that the judgment passed by learned Single Judge, being reasoned one, deserves no interference from us, as the same cannot be found fault with, while viewing from any angle. The learned Single Judge, in our view, has rightly put the controversy to quietus. The judgment of learned Single Judge is, thus, upheld. 11. Viewed thus, we do not find any merit in this appeal. Accordingly, the same is dismissed along with connected IA(s). (RAJNESH OSWAL) (ARUN PALLI) JUDGE CHIEF JUSTICE Jammu 08 .08.2025 Madan Verma-Secy Whether the order is speaking: Yes. Whether the order is reportable: No.