CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 176/2023 Reserved on: - 03.11.2025 Pronounced on: - 02.02.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Sai Mahesh Sharma, age 27 years S/o Sh. Vinod Kumar R/o Plot No.227, Sarwal Chowk, Jammu …Applicant (Advocate: - Mr. Sudershan Sharma)

Versus

1) Union Territory of Jammu & Kashmir Through Commissioner/Secretary to Govt., Health & Medical Education Department, Civil Sectt., Jammu.

2) Principal Govt. Medical College, Jammu

3) Akshaydeep Billowria S/o Sh. Surdeep Singh R/o P/O Tehsil Basohli, District Kathua …Respondent (Advocate:- Mr. Sudesh Magotra, Id. AAG)

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.1035/2021 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.176/2023 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court seeking following relief: -

MANDAMUS:

i) For issuance of an appropriate writ, order or direction in the nature of writ of certiorari seeking quashment of selection of respondent No.3 i.e. the private respondent as Laboratory Assistant vide order No.88/AHJ of 2021 dated 12-05-2021 which is patently illegal, arbitrary, unjustified and against the rules governing the subject.

ii) For issuance of further writ of mandamus commanding upon the official respondents to select and appoint the applicant as Laboratory Assistant under Physically Handicapped Category in view of his merit and eligibility.

Any other writ, order or directions to which the petitioner is found entitle in the facts and circumstances of the case.

3. The facts of the case as pleaded by the petitioner in his pleadings are as follows: -

a) The present Transfer Application arises out of SWP No.1035/2021, which was initially instituted before the Hon’ble High Court of Jammu & Kashmir at Jammu and, upon transfer, has been registered as T.A. No.176/2023 before this Tribunal. The applicant seeks judicial intervention challenging the selection process culminating in Order No.88/AHJ of 2021 dated 12.05.2021, whereby respondent No.3 was appointed as Laboratory Assistant, allegedly in violation of the statutory reservation framework applicable to persons with disabilities.

b) The factual matrix reveals that respondent No.2 issued an advertisement notification dated 07.12.2018 inviting applications for various posts, including the post of Laboratory Assistant. The said advertisement specifically delineated the categories of candidates eligible to apply, including reservation for Physically Handicapped candidates, thereby holding out a clear assurance that horizontal reservation as mandated under the applicable reservation rules would be adhered to. The applicant, being fully eligible and suffering from Major Thalassemia, a disability recognised under the Jammu and Kashmir Rights of Persons with Disabilities Act, 2018, applied for the post of Laboratory Assistant strictly under the Physically Handicapped category.

c) Pursuant to the application process, a provisional merit list of shortlisted candidates was issued in December 2019. The applicant’s name figured in the said list at Serial No.175 under the Physically Handicapped category, which clearly established that throughout the selection process, the applicant was consistently treated and considered as a candidate belonging to the said reserved category. Having been duly shortlisted on merit, the applicant legitimately expected that the final select list would reflect the statutory reservation mandate.

d) However, the grievance of the applicant crystallised when the final select list was issued vide Order No.88/AHJ of 2021 dated 12.05.2021. Upon perusal of the said select list, the applicant was shocked to find that no candidate whatsoever had been selected under the Physically Handicapped category, despite the existence of horizontal reservation a