CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED) Hearing through video conferencing Transfer Application No. 4276/2020 Reserved on: - 19.08.2025 Pronounced on: - 04.02.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J) HON’BLE MR. RAM MOHAN JOHRI, MEMBER (A) Deepak Sharma Age 34 years, S/o Sh. Suresh Chander Sharma, R/o Village Sanoora, Tehsil Rajpura District Samba presently posted as General Line Teacher at Govt. High School Sunjwan Block Vijaypur District Samba. .. Applicant (Advocate: - Mr. Sheikh Najeeb) Versus

1. The State of Jammu = and= Kashmir through its Commissioner/Secretary, School Education Department, Civil Secretariat, Jammu.

2. The J&K Service Selection Board, through its Chairman, Sehkari Bhawan, Rail Head, Jammu.

3. The Director, School Education, Jammu.

4. The Chief Education Officer, Samba.

... Respondents (Advocate:- Mr. Rajesh Thappa, AAG Mr. Sudesh Magotra, Ld. AAG)

ORDER

Per: - Rajinder Singh Dogra, Judicial Member HARSHIT YADAV

The SWP No.536/2018 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.4276/2020 by the Registry of this Tribunal.

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

Quashing illegal, arbitrary communication No.SSB/Secy/ Appeal/51/17/809 dated 16-10-2017 addressed by the respondent Board to the petitioner in 2nd Appeal filed by the petitioner under J&K RTI Act, 2009 whereby petitioner was intimated that his PG Degree Certificate is not covered within

the purview of Govt. Order No.252-HE of 2012 dated 30-05-

2012. MANDAMUS: - Commanding the respondents to include the name of the petitioner at S.No.53 of the select list issued by the respondent No.2 pursuant to advertisement Notice No.05 of 2013 dated 02- 03-2013 (Item No.503) whereby the posts of Teachers were advertised for District Cadre Samba as the petitioner was arbitrarily excluded from the zone of selection by the respondent No.2 by not providing him 2 marks for Post Graduation (PG) on the pretext that he has pursued MCA through distance mode when the fact remains that the petitioner has done MCA as a regular candidate.

HARSHIT YADAV ii) Commanding the respondents to fix the seniority of the petitioner at par with selected candidates of advertisement Notice No.05 of 2013 dated 02-03-2013 (Item No.503) with all the consequential benefits.

iii)Commanding the respondent No.2 to grant 02 marks for PG course as the petitioner has pursued MCA as a regular student from Sri Sai Iqbal College of Management & IT Badhani- Pathankot.

iv) Commanding the respondent No.2 to produce the entire record of selection pursuant Item No.503 of advertisement Notice No.05 of 2013 dated 02-03-2013 for judicial scrutiny.

Prayer for grant of any other interim or final relief as may be deemed appropriate in the facts and circumstances of the case in favour of the petitioner.

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. 536/2018, originally filed before the Hon’ble High Court of Jammu & Kashmir at Jammu and subsequently transferred to this Tribunal and registered as T.A. No. 4276/2020

b) The applicant is a permanent resident of the erstwhile State of Jammu and Kashmir and a citizen of India. He possesses the requisite eligibility and locus standi to invoke the jurisdiction of this Tribunal for redressal of his service-related grievance.

c) The Jammu and Kashmir Services Selection Board (respondent No.2) issued Advertisement Notice No. 05 of 2013 dated 02.03.2013, whereby 108 posts of Teachers for District Cadre Samba were advertised under Item No. 503, out of which 104 posts were earmarked for the Open Merit category. The applicant, being fully eligible and possessing a Post Graduate degree in Master of Computer Applications (MCA), applied under the Open Merit