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2025 Supreme(Online)(CAT) 12360

CENTRAL ADMINISTRATIVE TRIBUNAL
Rajinder Singh Dogra, J, Ram Mohan Johri, A
Preeti Narania, Anu Sharma, Mokshi Parshar, Seema, Sandeep Sharma, Asha Kumari – Appellant
Versus
State of Jammu & Kashmir, Through Commissioner/Secretary Education – Respondent


Advocates:
For the Appellants/Petitioners: Mr. G.S. Thakur
For the Respondents: Mr. Rajesh Thapa, AAG, Mr. Sudesh Magotra, AAG, Mr. Mubasher Manhas

Table of Content
1. selection process must ensure fairness and transparency. (Para 3 , 4 , 5)
2. applicants argue against arbitrary selection and non-merit based decisions. (Para 6 , 8 , 13 , 14)
3. equal treatment in selection is mandated under constitutional principles. (Para 15 , 17 , 19 , 21)
4. denial of appointment to higher-merit candidates is arbitrary. (Para 22)
5. court orders appointment based on merit with specific directions. (Para 23 , 24 , 25)

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP/WP(C) No. 1926/2016 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and was registered as T.A. No. 61/206/2022 by the Registry of this Tribunal.

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

a) “Writ of certiorari quashing the order no DIP/J/3936/16 dated 24.8.2016 whereby selection list of teacher of District Cadre Samba made pursuant to the advertisement notification no 05 of 2013 and no.06 of 2013, Item No.503 and item no 605 to the extent the petitioners on the basis of their higher merit has been ignored and the respondent No. 6 to 11 has been selected despite the fact they are less in merit than the petitio

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