New Delhi, Jan 13: The Supreme Court of India has refused to interfere with a judgment of the Jammu and Kashmir High Court directing completion of the long-pending 2005 Jail Warders recruitment process, effectively clearing the way for finalising appointments to 172 posts in the Jammu and Kashmir Prisons Department nearly two decades after the recruitment was advertised.

A Bench comprising Justice Vikram Nath and Justice Sandeep Mehta dismissed the Special Leave Petition filed by the Union Territory of Jammu and Kashmir, observing that it was not inclined to interfere with the impugned judgment passed by the High Court. With the dismissal of the petition, all pending applications in the matter also stand disposed of.

The SLP had challenged the December 21, 2023 judgment of the Jammu and Kashmir and Ladakh High Court, which had upheld an order of the Central Administrative Tribunal setting aside the government’s decision to cancel the recruitment process.

In its judgment, the High Court Bench comprising Justice Tashi Rabstan and Justice Rajesh Sekhri had strongly criticised the authorities for scrapping the selection process after it had substantially progressed. The Court noted that candidates had already cleared physical and outdoor tests conducted in 2010, followed by literacy tests and document verification in January 2011, but the final results were never declared.

The High Court observed that the authorities allowed the matter to remain pending for over 13 years before cancelling the process in February 2019 on the ground of alleged procedural irregularities. It held that such irregularities, if any, could have been rectified, particularly when there were no allegations of malpractice or unfair means against the candidates. The Department of Law, the Court noted, had also twice advised against cancellation at such an advanced stage.

The Court further highlighted the plight of aspirants who have been waiting for nearly 20 years, many of whom have now crossed the age bar. It directed the authorities to complete the recruitment process within three months and adopt a sympathetic approach while finalising appointments.

Before the Supreme Court, 172 candidates were represented by Syed Adil Muneer Andrabi, Advocate on Record, Supreme Court of India, a law graduate from the University of Kashmir and a resident of Srinagar, who is also the General Secretary of the Jammu and Kashmir High Court Bar Association and the Kashmir Advocates Association.

With the apex court declining to intervene, the High Court’s directions have now attained finality, paving the way for the long delayed recruitment process in the Jammu and Kashmir Prisons Department to be completed. [KNT]