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2025 Supreme(Online)(CAT) 8301
CENTRAL ADMINISTRATIVE TRIBUNAL
Rajinder Singh Dogra, J, Ram Mohan Johri, A
Kamal Singh – Appellant
Versus
State of Jammu and Kashmir – Respondent
Transfer Application No. 839/2021
For the Appellants/Petitioners: Mr. Abhinav Sharma, Sr. Adv, Mr. Abhimanyu Sharma
For the Respondents: Mr. Hunar Gupta, ld. DAG, Mr. Dewakar Sharma, ld. DAG
The court emphasized the illegal exclusion of candidates from a selection process based on discriminatory criteria, affirming the importance of equally valuing academic qualifications and sports achievements.
Headnote:(A) Jammu and Kashmir Educational (Subordinate) Service Recruitment Rules, 1979 - Discriminatory selection processes - Superior qualifications not recognized - No marks awarded for significant sports achievements - Selection of candidates contrary to laid rules - Orders for appointment with notional seniority issued. (Paras 14, 15, 19, 20)
(B) Constitutional Law - Articles 14 and 16 - Equal opportunity and fair chance principles upheld - Arbitrary exclusion violated provisions of equality and fairness in selection processes. (Paras 19, 20)
Facts of the case:
Three petitioners were denied selection for Physical Education Teacher positions despite superior academic and sports achievements. They contended the selection process violated established recruitment rules, favoring degree holders over skilled sports individuals, leading to their arbitrary exclusion.
Findings of Court:
The Tribunal ruled favorably for petitioner 3, affirming arbitrary exclusion from the selection list, mandating her appointment against a reserved position with entitlement to notional seniority.
Issues: The issues were focused on the discriminatory application of selection criteria, arbitrary exclusion of candidates with outstanding sports achievements, and the violation of recruitment rules.
Ratio Decidendi: The court asserted that the refusal to acknowledge sports qualifications over physical education degrees contravenes the rules and principles of equality. The expert committee's methodology of denying marks lacked uniformity and justifiable reasoning, and thus the selection was declared arbitrary.
Result: TA is allowed; petitioner to be appointed subject to notional seniority.
| Table of Content |
|---|
| 1. exclusion of candidates based on inferior qualifications despite superior merits. (Para 2 , 3 , 4) |
| 2. recognition of balanced merit between sports qualifications and formal education. (Para 5 , 14) |
| 3. requirement for objective justification in selection processes. (Para 15 , 17) |
| 4. ruling in favor of the petitioner for equitable remedy. (Para 19 , 20) |
ORDER
Per: - Rajinder Singh Dogra, Judicial Member
1. The SWP/WP(C) No. 460/2010 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and was registered as T.A. No. 61/839/2021 by the Registry of this Tribunal.
2. The present matter was filed before the Hon’ble High Court with following prayer:
a) “It is therefore respectfully prayed that the Hon'ble Court may, in the facts and circumstances of the case, be pleased to allow the present writ petition and issuance of an appropriate writ, command, order or direction more particularly a writ in the nature of:
b) Certiorari, quashing and setting aside the entire select list issued by Respondent No.2, and published on 27 December 2009 in the Daily Excelsior Jammu, in which the entire selection of Physical Education Teachers of all Categories including that of private respondents has been made in contravention to the rules of selection.
c) Certiorari quashing selection of Respondents 4 to 80 as Physical Education Teachers under Open Category in District Cadre Jammu, made Vide Select List issued by Respondent No.2 and published on 27 December 2009 in the Daily excelsior Jammu for the reason that their selection has been made in contravention to the rules of selection.
d) Mandamus, commanding the Official Respondents to select and place the names of petitioners above the names of such respective respondents as have less overall merit in the selection process and subsequently appoint the petitioners to the post of Physical Education Teacher in District Jammu under Open Category, with effect from the date private respondents are appointed.
e) Mandamus commanding and directing the official respondents to produce the entire record pertaining to selection of the Physical Education Teacher in District Jammu, so as to ascertain under which rule or regulation only those candidates who have CPED/BPED/MPED Certificates /Degrees were given preference over the petitioners or others similarly placed candidates, who are graduates with outstanding career in sports, which preference if given is against the recruitment rules framed and published by the official respondents.
f) Mandamus commanding and directing the official respondents to determine the overall merit of all the candidates who had participated in the Selection process of Physical Education Teachers in response to the Advertisement dated 28-05-2008, in accordance with the merit points awarded to each, irrespective of the fact, whether they possess CPED/BPED/MPED Certificates/ Degrees or whether they are graduates with outstanding career in sports, after both qualifications having been treated equivalent.
g) any other relief, which this Hon'ble court, in the facts and circumstances of the case may deem fit and proper in the interest of justice may granted in favour of the petitioners and against the respondents.”
3. The facts of the case as averred by the petitioners in their pleadings are as follows: -
a) The present writ petition is filed jointly by three petitioners— real cousins residing in the same household—on the ground that they were illegally excluded from the selection for the post of Physical Education Teacher (PET) under the Open Merit Category in District Cadre Jammu, despite possessing superior academic qualifications and an outstanding sports career. The selection in question was made pursuant to Advertisement Notification No. 06 of 2008 dated 28.05.2008, issued by the Jammu and Kashmir Services Selection Board (JKSSB), for 174 vacancies across categories including 74 posts in the Open Merit category.
b) Petitioner No. 1 passed Secondary School in 1995, 1
