CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 1496/2020 Reserved on: - 15.10.2025 Pronounced on: - 02.02.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Nimi Raina, Age 48 years, D/o Sh. Ramji Raina, R/o Anantnag Kashmir, Present Address Shivam Niwas Opposite Army Gate Lale-

de-bagh Post Office Muthi Jammu.

…Applicant (Advocate: - Mr. I.H. Shah)

Versus

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

2. Director School Education Srinagar.

…Respondent (Advocate:- Mr. Rajesh Thappa, AAG, Mr. Sudesh Magotra, Ld.

AAG)

HARSHIT HARSHIT YADAV C=IN, O=Central 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.2290/2019 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.1496/2020 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) command and direct the respondents more particularly respondent No.1 to consider and give effect to the appointment of the petitioner as Teacher w.e.f. the year 1998, when other selectees pursuant to Advertisement Notice No.3 of 1996 were appointed in the year 1998;

c) command and direct the respondents to grant all consequential service benefits including seniority w.e.f. 1998 as Teacher, promotion to the post of Headmaster from the date those appointed in the year 1998 were promoted as Headmaster and monetary benefits attached to the post of General Line Teacher retrospectively from the year 1998 till 16-03-2012, when the petitioner for the first time came to be appointed as Teacher vide Govt. Order No.285-Edu of 2012 dated 16.03.2012;

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

HARSHIT HARSHIT YADAV C=IN, O=Central 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=

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

a) The applicant, a permanent resident of the erstwhile State of Jammu and Kashmir, responded to Advertisement Notice No. 3 of 1996 issued by the J&K Services Selection Board for recruitment to the post of Teacher in District Anantnag. At the time of submission of her application, the applicant was not only a graduate but also possessed the professional qualification of B.Ed., thereby being more meritorious than several candidates who were ultimately selected and appointed in the year 1998 on the basis of a selection criteria which accorded disproportionately high weightage to 10+2 qualification.

b) Aggrieved by her exclusion, the applicant, along with several similarly situated candidates, challenged the selection before the Hon’ble High Court. Though the initial writ petitions were dismissed by a learned Single Judge on 15.10.1998, the matter was carried in appeal and culminated in a landmark judgment dated 18.10.1999 passed by the Division Bench in LPA No. 364/1999 titled Balwinder Kour v. State of J&K & Ors.. The HARSHIT HARSHIT YADAV C=IN, O=Central 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=

Division Bench categorically held that the allocation of 50 marks to 10+2 qualification was excessive, arbitrary, and violative of Articles 14 and 16 of the Constitution, particularly to the detriment of candidates possessing graduate and professional qualifications in education. While protecting appoint