-CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Original Application No. 658/2023 Reserved on:- 08.11.2025 Pronounced on: - 05.02.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

1. Rubina Koser Age 35 years W/o Mukhtar Hussain R/o Majhoor, Tehsil Thanamandi District Rajouri -185131

2. Sanjeev Kumar Age 40 years S/o Sh. Ram Gopal R/o Gagrote, Tehsil Nowshera District Rajouri-185131 ...Applicants (By Advocate: - Mr. Abhimanyu Sharma)

VERSUS

1. Union Territory of J&K Through Financial Commissioner Agriculture Production Department Civil Secretariat, J&k Jammu. 180001

2. Principal/Secretary to Govt., Horticulture Department Civil Secretariat, Jammu-180001

3. Under Secretary to Govt. Social Welfare Department Civil Secretariat, Jammu-180001

4. J&K Service Selection Board Through its Secretary Kacchi Chawni, Ambphala, Old Heritage City, Jammu-180001

5. Jafar Ahmed Khan S/o Naseer Ahmad Khan R/o 10 Awoora Kupwara-193224 Selected under EWS

9.25 merit points In District Kupwara

6. Mazar Hussain Khan S/o Mohd. Aliyas Khan R/o Khan Mohalla Keran, Kupwara- 193224 Selected under ALC/IB

12.5 merit points In District Kupwara

7. Shahzad Ahmed S/o basharat hussain R/o 5 Saroola Manjakote, Rajouri-185131 Selected under ALC/IB

14.75 merit points In District Baramulla

8. Naveed Ahmed Khan S/o Abdul Majeed R/o Mangalnar Manjakote Rajouri-185131 Selected under ALC/IB

15. merit points In District Anantnag

9. Neetan Kumar sharma S/o Yog Raj Sharma R/o Kamila Kangri Beri Pattan Rajouri-185156 Selected under ALC/IB

17.25 merit points In District Srinagar 10. Raja Ibrar Khan S/o Abdul Rehman Khan R/o ward No 2 Saroola Manjakote-185131 Selected under ALC/IB

15 merit points In District Kulgam …Respondents (By Advocate: - Mr. Rajesh Thappa, AAG)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The applicant has filed the present Original Application under Section

19 of the Administrative Tribunals Act, 1985 seeking the following reliefs: -

It is humbly prayed that the Hon’ble Tribunal may be kindly pleased to:

a. allow the instant Original Application;

b. quash impugned selection list bearing No. JKSSB- SDOSECY(JMU)/2/ 2023-01(E-7166430) dated 06.06.2023 to the extent the said selection list excludes the name of the applicants from the zone of selection on an erroneous assumption of facts by the official respondents;

c. quash impugned communication dated 23.06.2023 issued by the J&K SSRB, whereby and wherein the service selection Board has recommended the names of the selected candidates for their appointment against the post of Horticulture Technician Grade-IV;

d. quash impugned selection list to the extent it includes the name of the private respondent no. 5 under EWS category in the select list, despite the fact that the said private respondent is having lesser merit than the applicant no. 1 and the applicant no. 1 who is having higher merit then the private respondent no. 5 is excluded from the said selection list on the ground that the applicant no. 1 belongs to Handicapped category;

e. quash impugned selection list to the extent it includes the name of the private respondent no. 6, 7, 8 & 9 and 10 under ALC/IB category in the select list, despite the fact that the said private respondents are having lesser merit than the applicant no. 2 and the applicant no. 2 who is having higher merit than the private respondent no. 6, 7, 8, 9 and 10 is excluded from the said selection list on the ground that the applicant no. 2 belongs to Handicapped category;

f. direct the respondents to include the name of the applicants in the select list at an appropriate place under the EWS category and ALC/IB category respectively;

g. direct the respondents to grant the benefit of handicapped category to the applicants herein who are meritorious candidates and having merit more than the private respondents in the respective categories;

h. direct the respondents to issue appointments orders in favour of the app