Jammu, Jan 20: In case titled DIGVIJAY SINGH SAMBYAL Vs HOME DEPARTMENT a bench comprising of Rakesh Sagar Jain Member (J) Bhagwan Sahai Member (A) in CAT ordered as:-
Heard Shri Sharma on admission.
OA is admitted.
In the present O.A applicants seek a direction to the respondents to allow them to participate in the selection process for the posts of Sub-Inspector in J&K Police by granting them relaxation in the upper age limit as direct candidates.
As Interim Relief, they seek a direction to the respondents to permit them to fill up application forms for the said selection of the Sub-Inspector in J&K Police.
It has been submitted that the last date for accepting application forms has been extended to 21.01.2022.
During his arguments, Shri Sharma pleads that this Tribunal has already passed an Interim Order in O.A/1878/2021 directing the respondents to accept the application forms of the applicants therein and he seeks a similar direction in favour of the applicants..
We have also heard Shri Thapa.
We have considered arguments of both the counsels and gone through material on record. The applicants seek relief in terms of notice dated 12.01.2022 issued by J&K Service Selection Board by which the last date for submitting the forms has been extended to 21.01.2022.
Perusal of the notice dated 12.01.2022 issued by the J&K Service Selection Board shows that while apparently misinterpreting the orders of this Tribunal, they have permitted the applicants of previous OAs to submit their forms by or on 21.01.2022.
The notice does not extend the date of any applicants other than those who had filed the OAs in the Tribunals.
Therefore, we are of the opinion that no prima facie case is made out by the applicants for issuance of interim relief sought by them.
Accordingly, the interim relief is refused.
At the same time we observe that obviously the J&K Service Selection Board has misinterpreted the order of the Tribunal.
The date for filing the application forms has been limited to the date initially fixed by the Board and the date for filing the application forms has not been extended by the Tribunal in any manner whatsoever.
During the arguments in the present case, Mr.Sachin Jamwal, Secretary, J&K Service Selection Board who appears through video conferencing is directed to take notice of this fact that the date for filing the application forms has not been extended by the Tribunal in any manner whatsoever.
Learned DAG is given three weeks time to file counter affidavit.
Put up the file on 14.02.2022.
Copy of the order be given to learned DAG for information
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