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2026 Supreme(Online)(CAT) 1463

CENTRAL ADMINISTRATIVE TRIBUNAL
Nazakat Ali – Appellant
Versus
D/o Health And Medical Education Ut Of Jammu & Kashmir – Respondent


Judgement Key Points

Question 1? Question 2? Question 3?

Key Points: - The tribunal partly allows the writ petition and directs consideration of the petitioner against available vacancies, balancing institutional autonomy with individual fairness. (!) (!) - The relief is confined to consideration of the petitioner for Health Inspector/Health Assistant vacancies in GMC Rajouri, Doda or Kathua, advertised in 2019, with a three-month deadline for completion of the exercise. (!) (!) (!) - The court held that while recruitment policy is generally within the employer’s domain, eligibility criteria must bear a rational nexus to the duties, and quashing entire selections is not warranted; instead, a targeted relief addressing eligibility against existing vacancies is appropriate. (!) (!) (!) - The petition challenged the use of general graduation as the qualification for the posts where technical qualifications are available, noting a lack of rational basis for differing standards between newly established colleges and existing health rules. (!) (!) (!) - The respondents argued that the Service Selection Board must follow the indenting department’s qualifications and cannot modify them; the court acknowledged limited interference but emphasized rationality in eligibility. (!) (!) - The decision emphasizes that participation in the process does not bar relief when the challenge concerns eligibility criteria; the court cites Ashok Kumar v. State of Bihar. (!) - No order as to costs. (!)

Question 1?

Question 2?

Question 3?


ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No. 871/2020 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.803/2020 by the Registry of this Tribunal.

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

a) Quashing Govt. Orders No. 131-HME of 2018. No.132-HME of 2018 and No.134-HME of 2018 all dated 19-02-2019 alongwith Govt. Order No.680- HME of 2018 dated 10-12-2018 to the extent of qualification for the posts of Health Inspector, Health Assistants, in the Department of Health and Medical Education (Rural Training Centre and Urban Training Health Centre) in the newly established Govt. Medical Colleges Rajouri, Doda and Kathua respectively.

b) Quashing Advertisement Notice No.03/2019/001 te 03/2019/041 dated 01-02-2019, Advertisement Notice No.04/2019/001 to 04/2019/041 dated 01- 02-2019 and Advertisement Notice No.05/2019/001 to 05/2019/041 dated 01- 02-2019 issued by the respondent No.4 to the extent of qualification prescribed for the posts of Health Inspectors, Health Assistants in the Department of Health and Medical Education Department (Rural Training Centre and Urban Traini

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