CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 3704/2020 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)

Dr. Neena Sharma Age 44 years D/o Sh. Neelkanth Sharma W/o Dr.

Vijay Kumar Sharma R/o Chak Jagar, P.O. Sangrampur, Tehsil Marh, District Jammu.

…Applicant (Advocate: - Mr. Abhinav Sharma, Sr. Adv)

Versus

1. State of J&K Through Commissioner/Secretary, J&K Govt. Health and Medical Education Department, Civil Secretariat, Jammu/Srinagar. 2. J&K Public Service Commission, Through its Secretary, Resham Ghar Colony, Jammu.

3. Chairman, J&K Public Service Commission, Resham Ghar Colony, Jammu.

---Official Respondents

4. Mehak Mufti D/o Mufti Nazim-ud-Din R/o 35, Sarwar Aziz House, Habak Crossing, Srinagar.

5. Meenakshi Sharrna D/o Sh. Bua Ditta Sharma R/o H. No. 2, Saraswati Lane, Bohri Talab Tillo, Jammu.

6. Garima Charak D/o Sh. R.S. Charak R/o H. No. 31, Sector-2-A, Extension, Trikuta Nagar, Jammu.

7. Shagufta Ara D/o Mohd. Abdulla Wani R/o 01, Hardpora, Achabal, Kashmir.

8. Beena Jad D/o Sh. Avtar Krishan Jad R/o 120, Lower Laxmi Nagar, Sarwal, Jammu.

9. Happy D/o Lehna Singh 648 Sainik Colony, Jammu …Respondents (Advocate:- Mr. Sudesh Magotra, Ld. AAG, Mr. F.A., Natnoo)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.2183/2018 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.3704/2020 by the Registry of this Tribunal.

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

a) allow the present writ petition;

(b) quash the selection list for the post of Lecturer (Assistant Professor) in the discipline of Physiology, issued pursuant to Notification No. 01-PRS(DR-P) of 2018 dated 17.01.2018 under O.M category for GMC, Anantnag, GMC Kathua GMC Doda & GMC Rajouri to the extent most meritorious petitioner has been left out and less meritorious private respondents have been selected;

c) command and direct the respondent J&K PSC, to consider the petitioner as in-service candidate and the age of the petitioner as on 01.01.2018, within the maximum age limit meant for in-service candidates (45 years), as has been done in the case of proforma respondents Nos. 8 & 9, with further direction, to select the petitioner as Lecturer(Assistant professor) Physiology under OM category and further recommend the name of the petitioner for appointment as Lecturer (Assistant professor) Physiology under ом category;

(d) command and direct the respondent No. 1 to appoint the petitioner as Lecturer (Assistant professor) Physiology under OM category in one of the GMCs (she has applied for) on the basis of her merit and preference;

(e) command and direct the respondent No. 2 and 3, to disclose the over all merit of the petitioner in the selection process for the post of Lecturer (Assistant Professor) Physiology under OM category, pursuant to Notification No. 01-PSC(DR-P) of 2018 dated 17.01.2018;

(f) ANY other writ, order or direction which this Hon'ble Court may deem fit or proper in the facts and circumstances of the case.

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

a. The applicant, Dr. Neena Sharma, is a permanent resident of the erstwhile State of Jammu and Kashmir and is entitled to the protection of fundamental and statutory rights guaranteed under the Constitution of India. She possesses the requisite academic qualifications for the post of Lecturer (Assistant Professor) in the discipline of Physiology.

b. The applicant was appointed as Lecturer (Physiology) in Government Medical College, Jammu on academic arrangement under SRO 384 dated 04.01.2014. Her engagement has been extended from time to time and she continues to discharge teaching duties uninterruptedly in the Health and Medical Education Department. Thus, she has been continuously rendering service to the