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Jammu & Kashmir and Ladakh High Court

Wait-List Appointment Requires Exhausting Candidates Placed Higher

Reviewing the 2002 Naib Tehsildar recruitment, a Division Bench of the Jammu & Kashmir and Ladakh High Court agreed in principle with the Tribunal’s correction of horizontal reservation and the claimant’s wait-list position.

Judge / Bench — Hon’ble Mrs. Justice Sindhu Sharma and Hon’ble Mr. Justice Rahul Bharti, Judges; judgment by Rahul Bharti-J.

It nevertheless rejected the leap from fourth position on that list to an unconditional appointment: the Tribunal had not found that the three candidates above him had been accommodated or declined. The Board and Revenue Department must operate the open-merit wait list in order, appointing Jamwal only if higher-ranked candidates are unavailable or unwilling. Any resulting appointment carries the Tribunal’s notional benefits, without disturbing the two private petitioners’ appointments; an appropriate later-year vacancy may be used if necessary. Compliance was required within three months. The ruling makes the operative wait-list sequence decisive.

Case — UT of J&K and another v. Abhimanyu Pratap Singh Jamwal and others · WP(C) No. 2796/2022 c/w WP(C) No. 2225/2023 · 2026-10-15 · Jammu wing

Advocates appearing — Petitioners in WP(C) No. 2796/2022 — Mr. Raman Sharma, AAG, with Ms. Jagmeet Kour, Advocate. Petitioners in WP(C) No. 2225/2023 — Mr. Rahul Raina, Advocate, and Mr. Sheikh Najeeb, Advocate. Respondents — Mr. Abhinav Sharma, Sr. Advocate, with Mr. Aditya Manhas and Mr. Abhirash Sharma, Advocates; Mr. Nitin Bhasin, Advocate.

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