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CENTRAL ADMINISTRATIVE TRIBUNAL
Rajinder Singh Dogra, J, B Anand, A
Jasmeet Kour Sudan – Appellant
Versus
Union Territory of J&K Through Commissioner/Secretary to Govt. General Administration Department Civil Secretariat, J&K, Jammu – Respondent
What is the validity of EWS certificates issued for Central Government jobs in UT of J&K recruitment? What are the eligibility criteria for claiming EWS benefits under J&K Reservation Rules? How to address invalid EWS certificates in public service recruitment?
Key Points: - The Tribunal disposed of four O.As (1521/2023, 1530/2023, 1541/2023, 1580/2023) by common order due to similar issues involving EWS eligibility in J&K PSC's CCE-2022 recruitment (!) (!) . - Applicants were shortlisted, qualified exams, and called for medicals but excluded from final selection due to EWS certificates deemed valid only for Central jobs, with regional exclusions for Poonch/Rajouri districts (!) (!) . - EWS certificates for Central jobs follow Annexure-A to Circular 19-GAD/2019, while UT J&K requires Form XIV-A per SRO 518/2019; reserved category persons (SC/ST/SEBC) ineligible for EWS (!) (!) (!) (!) . - Applicants argued no prior reserved category certificates (PSP/RBA) and past appointments of similar candidates from same districts under EWS; Tribunal rejected parity with potential past wrongs (!) (!) (!) . - Tribunal stayed exclusion notices earlier and found respondents should have allowed applicants chance to furnish fresh UT EWS certificates or Tehsildar clarifications, as done in other cases (!) (!) . - Directions issued: Tehsildars to verify no prior reserved benefits and issue UT EWS certificates if eligible within one month; if obtained, appoint applicants within next month, else proceed with next candidates (!) (!) (!) (!) . - Section 19 J&K Reservation Act allows choice of one category only if belonging to multiple (!) (!) . - Emphasized meritocracy, equality, and no regional bias in recognizing valid EWS certifications [p_2 intro summary] (!) .
ORDER
(Delivered by Hon’ble Mr. Rajinder Singh Dogra, Member-J)
1. Since, the issue involved in O.A. No. 1521 of 2023, O.A. No. 1530 of 2023, O.A. No. 1541 of 2023 and O.A. No. 1580 of 2023 are similar, they are being disposed of by this common order.
2. The applicants Jasmeet Kour Sudan, Arun Singh, Mohd Ajaz and Muzzaffar Ahmad Khanday are aggrieved of the impugned decision of the extra ordinary meeting of the J&K PSC (Agenda item No. 1. 2201) dated 12.10.2023 notified vide Notice dated 07.11.2023 to the extent, it was decided in the said meeting that the EWS certificate of the applicants (and others whose names are figuring in the first table of the said notice dated 07.11.2023) cannot be considered for appointment for the posts of J&K Competitive Examination- 2022 in the UT of J&K on the ground that that the certificate possessed by the applicants is valid for Central Government jobs only. The applicants are also aggrieved of the impugned Notification No. PSC/Exam/S/2023/85 dated 15.11.2023, whereby and where under, the private respondents who belong to EWS category have been directed to report for Medical Examination before Medical Board, so that if found medically fit, they sha
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