The main legal point established in the judgment is the eligibility criteria for ex-servicemen under the Jammu & Kashmir Reservation Rules, 2005 and the inapplicability of the Ex-Servicemen (Re-employment in Central Civil Services and Posts) Rules, 1979 to the state services and reservation provided therefor.

JUDGMENT :

SANJEEV KUMAR, J.

1. This intra court appeal, filed by the Jammu & Kashmir Service Selection Board [“the SSB”], is directed against the judgment dated 04.06.2020 passed by the learned Single Judge of this Court [“The Writ Court”] in SWP No. 2226/2014 titled Jahangir Ahmed vs. State of J&K and Others whereby the Writ Court has allowed the petition of the respondent no. 1 and directed the SSB to select the respondent no. 1 and recommend his candidature for appointment to the post of teacher in district cadre Poonch in the ex-servicemen category from the date, the respondent no. 5 herein has been appointed.

2. Before adverting to the grounds of challenge urged by Mr. Raman Sharma, learned AAG appearing for the SSB, it is necessary to set out few material facts, germane to the disposal of the controversy raised in this appeal.

3. Vide advertisement notice no. 5 of 2013 dated 02.03.2013, the SSB invited applications for making selection to the post of teacher in district cadre Poonch and the last date for submission of applications, as indicated in the notification, was fixed as 31.03.2013.

4. While the process of selection pursuant to the aforesaid notification was under way, the SSB issued another advertisement notification bearing no. 06 of 2013 dated 10.05.2013 with the cutoff date for submission of the applications as 10.06.2013.

5. The respondent no. 1 responded to both the advertisement notifications and sought his consideration under the reserved category of ex-servicemen. The respondent no. 1 was issued an admit card and was permitted to sit in the written examination. The respondent no. 1 even appeared in the interview/viva voce. However, when the select list was published in July, 2014, the respondent no. 5 herein was shown selected in the category of ex-servicemen. The respondent no. 1, whose name did not figure in the select list in the category of ex-servicemen, filed SWP No. 2226/2014 before the Writ Court and challenged the selection of the respondent no. 5 as teacher under the ex-servicemen category to the exclusion of the respondent no. 1.

6. The writ petition was contested by the SSB and in the reply filed, it was the stand taken by the SSB that the respondent no. 1 was not eligible to be considered under the category of ex-servicemen for the reason that on the date of issuance of advertisement notifications as also on the cutoff dates fixed for submissions of the application forms qua both the notifications, the respondent no. 1 was still serving in the army and had not been honourably discharged.

7. The Writ Court considered the rival contentions as also the material on record and while placing reliance on the Ex-Servicemen (Re-employment in Central Civil Services and Posts) Rules, 1979, as amended in 1986 [“the amended Rules of 1979”] as also on a Division Bench judgment of this Court rendered in the case of State of J&K vs. Taramani and Another, 2018 (2) SLJ (HC) 767, came to the conclusion that the respondent no. 1, who was to retire within one year, was also entitled to be treated as ex-serviceman and thus, eligible to apply for the post in question. It was, thus, ruled by the Writ Court that the Rules of 1979 were in a way amendment to the definition of “ex-servicemen” provided in clause-x of rule 2 of the Jammu and Kashmir Reservation Rules, 2005. The Writ Court mainly relied upon the Division Bench judgment of this Court in Taramani’s case (supra).

8. Having heard learned counsel for the parties and perused the material on record, we are of the considered opinion that the judgment passed by the writ court is not correct in law and, therefore, cannot sustain.

9. The reservations in the erstwhile state of Jammu & Kashmir and even in the Union Territory of Jammu & Kashmir after reorganization are governed by the Jammu & Kashmir Reservation Act, 2004 and the rules framed thereunder.

10. In terms of the Rule 2(x) the term “ex-servicemen” has been defined as under:

2(x) “ex-servicemen” means permanent resident