CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 3062/2021 Reserved on: - 30.04.2025 Pronounced on: - 10.07.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

HON’BLE MR. RAM MOHAN JOHRI, MEMBER (A)

Dali Rani; aged 26 years D/o Sh. Parshotam Singh R/o Kharote, Tehsil & Distt. Kathua.

…Petitioner (By Advocate: - Mr. Rahul Pant, Sr. Adv)

VERSUS

1. The State of Jammu and Kashmir through Commissioner/Secretary to Government, Social Welfare Department, J&K Government, Civil Secretariat, Srinagar/Jammu.

2. J&K Services Selection Board Sehkari Bhawan, Rail Head Complex, Jammu, through its Secretary.

…Respondents Digitally (By Advocate: - Mr. Hunar Gupta, DAG, Mr. Dewakar Sharma, DAG)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP/WP(C) No. 1272/2011 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and was registered as T.A. No. 61/3062/2021 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court with following prayer:

a) “Certiorari, quashing the advertisement notice No. 07 of 2010 dated 12.11.2010 to the extent it provides that the nature of disability for a post indicated in Govt. Order No. 62-SW of 2001 dated 13.03.2001 shall be adhered to in letter and spirit while providing reservation to the physically handicapped persons;

b) Certiorari, quashing Govt. order No. 62-SW of 2001 dated

13.03.2001 to the extent it excludes persons with disability of one arm (OA) from appointment against the post of Teacher in the Education department under the provisions of J&K Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1998;

c) Mandamus, commanding the respondents to declare such physically handicapped candidates who have disability of one arm, eligible for appointment against the post of Teacher;

Digitally d) Mandamus, commanding the respondent No. 2 to interview and further consider the petitioner for selection against the post of teacher advertised vide advertisement notice No. 07 of 2010 dated 12.11.2010 against the 1% posts reserved for the candidates with locomotor disability in the reserved category of physically handicapped in accordance with the J&K Reservation Rules, 2005 read with J&K Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1998 on the basis of his merit;

e) Any other relief which this Hon'ble court may deem fit and proper in the facts and circumstances of the case be also granted in favour of the petitioner.”

3. The facts of the case as averred by the petitioner in her pleadings are as follows:

a) The petitioner, Dali Rani, is a permanent resident of Jammu and Kashmir and a citizen of India. She belongs to the physically handicapped category, specifically suffering from a 50% disability in the right upper limb (one arm), caused by Phocomalia, and has been issued a disability certificate by the Government Medical College Hospital, Jammu.

Digitally b) The petitioner holds a postgraduate degree in Computer Applications and applied for the post of Teacher in District Cadre Kathua pursuant to Advertisement Notification No. 07 of 2010 dated 12.11.2010, issued by the J&K Services Selection Board (Respondent No. 2). The minimum qualification for the post of Teacher as per the said advertisement was 10+2, with preference given to candidates with higher qualifications such as B.Ed., M.Ed., ITI, or NTT. The petitioner applied under the physically handicapped category and was shortlisted for interview, having secured 26.50 points, which was above the cut-off of 16.11 points for the said category as published in the shortlist dated 29.04.2011 in the Daily Excelsior newspaper.

c) However, when the petitioner appeared for the interview on

13.06.2011, the interview committee declined to conduct her interview, citing that candidates with a disability of one arm (OA) were not eligible for the post of Teacher under t