CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 951/2020 Reserved on: - 15.09.2025 Pronounced on: - 02.02.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Rabia Chowdhary Age 30 years D/o Mohd Rafiq R/o Dodasan Bala, Tehsil Thanamandi, District Rajouri.

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

Versus

1. State of J&K Through Commissioner/Secretary, Higher Education Department, J&K Govt. Civil Secretariat, Srinagar.

2. J&K Public Service Commission Through its secretary, Solina, Srinagar-190009.

3. Secretary, J&K Public Service Commission, Solina, Srinagar-190009. 4. Mohd Ibrahim S/o Sh Kalbi Ali R/o Aisa Electronics, Opp J&K Bank Kargil;

5. Mohd Ali Khan S/o Sh Hassan Khan R/o 15 Feekar Turbaltak, Kargil …Respondent (Advocate:- Mr. Rajesh Thapa, ld. A.A.G., Mr. F A Natnoo)

HARSHIT H C A =I R N S , H O I = T C Y e A n D tra A l V Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone=

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.1221/2018 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.951/2020 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 Selection List of Librarians in Higher Education Department issued as Annexure-B to Notification No. 16- PSC(DR-S) of 2018 dated 06.04.2018, pursuant to Advertisement Notification No. 18-PSC(DR-P) of 2016 dated 13.12.2016, to the extent, the private respondents have been selected and the petitioner ignored, and one post of Librarian under ST category is kept unfilled;

c) quash Government Order No. 323-HE of 2018 dated

26.04.2018, whereby and where under, the private respondents have been appointed and the petitioner ignored for the post of Librarian in Higher Education Department, pursuant to advertisement notification No. 18-PSC (DR-P) of 2016 dated 13.12.2016 inasmuch as the private respondents have been given weightage for the experience, which was not experience in the post immediately below the post they had applied for;

d) command and direct the respondent PSC, to select and appoint the petitioner against the vacant post of Librarian under ST category pursuant to Advertisement Notification No. 18-

PSC(DR-P) of 2016 dated 13.12.2016;

e) restrain respondent from re-advertising the lone post of librarian (Higher Education Department) under ST category HARSHIT H C A =I R N S , H O I = T C Y e A n D tra A l V Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone=

kept vacant after 06 candidates have been selected against 07 posts advertised pursuant to Advertisement Notification No. 18-

PSC(DR-P) of 2016 dated 13.12.2016 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 present Transfer Application arises out of SWP No.

1221/2018, originally filed before the Hon’ble High Court of Jammu & Kashmir, which upon transfer stands registered as TA No. 951/2020 before this Tribunal. The applicant assails the selection and appointment of private respondents to the post of Librarian in the Higher Education Department, pursuant to Advertisement Notification No. 18-PSC (DR-P) of 2016 dated

13.12.2016.

b) The applicant is a permanent resident of Jammu & Kashmir and belongs to the Scheduled Tribe category. She possesses the requisite academic qualifications for the post of Librarian, namely Bachelor of Library Science and Master of Library Science from the Univers