Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(CAT) 1463

CENTRAL ADMINISTRATIVE TRIBUNAL
Rajinder Singh Dogra, Judicial Member, Ram Mohan Johri, Administrative Member
Nazakat Ali – Appellant
Versus
Union Territory of Jammu and Kashmir – Respondent
Transfer Application No. 803/2020|SWP No. 871/2020

Advocates:
For the Appellants/Petitioners: Mr. Sheikh Altaf Hussain
For the Respondents: Mr. Sudesh Magotra, ld. A.A.G., Mr. Rajesh Thapa, ld. A.A.G, Mr. Aniruddh Sharma (Pvt. Resp.)

Eligibility criteria for public posts must have rational nexus with duties; arbitrary prescription without justification liable to challenge, relief moulded for fairness.

Headnote:The applicant challenged Government Orders No.131-HME of 2018, No.132-HME of 2018, No.134-HME of 2018, and No.680-HME of 2018, along with Advertisement Notices No.03/2019, 04/2019, and 05/2019, prescribing 'male graduate from any recognized university' as qualification for Health Inspector/Health Assistant posts in new Government Medical Colleges at Rajouri, Doda, and Kathua. Facts reveal applicant possesses graduation and Diploma in Public Health and Sanitation Technology, applied under open merit, but contended general graduation lacks rational nexus with duties, inconsistent with SRO-20 dated 24.02.1992 and qualifications for similar posts in GMC Jammu/Srinagar. Court found no rational basis for differing standards given identical duties, rejecting estoppel from participation. Issues framed as validity of general graduation prescription versus technical qualifications under recruitment rules. Ratio: Eligibility criteria must have rational nexus with post duties; Service Selection Board bound by indent but prescription arbitrary without justification, as technical qualifications required elsewhere for same roles (paras 8-9). Participation does not estop challenge to eligibility root; relief moulded to avoid unsettling selections (Ashok Kumar v. State of Bihar; Union of India v. Kali Dass Batish). Writ petition partly allowed; respondents directed to consider applicant against available vacancies in Health Inspector/Health Assistant posts within three months, without quashing selections or rewriting criteria (para 12).

Judgement Key Points

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?

Table of Content
1. transfer of writ; challenge to qualification prescription and selections. (Para 1 , 2 , 3)
2. respondents defend indent-based advertisements and process. (Para 4)
3. petitioner's qualifications and timely challenge noted. (Para 5 , 6 , 7)
4. rational nexus required; arbitrary criteria invalid, mould relief. (Para 8 , 9 , 10)
5. partly allow; direct consideration against vacancies. (Para 11 , 12 , 13)

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 Training Health Centre) in Govt. Medical Colleges, Rajouri, Doda and Kathua respectively.

c) Quashing the selection list of respondents No.5 & 6 issued by respondent No.4 whereby they have been selected as Health Inspectors in the Department of Health and Medical Education in GMC, Rajouri, Doda and Kathua.

d) Quashing the selection list of respondents No.5, 7 & 8 issued by respondent No.4 whereby they have selected as Health Inspectors/Health Assistants in the Department of Health and Medical Education in GMC Rajouri, Kathua and Doda respectively.

e) Quashing the waiting list of respondent No.9 issued by respondent No.4 whereby he has been shown in of Health the waiting list for the post Inspector/Health Assistant (Male) in the Department of Health and Medical Education in GMC Rajouri.

f) MANDAMUS:- Commanding the respondents No.1 to 4 to recast the educational qualification for the posts of Health Inspectors/Health Assistants in the Department of Health and Medical Education by prescribing technical qualification i.e. Diploma in Public Health and Sanitation Technology and in accordance with the qualification prescribed for the said posts in GMC Jammu/Srinagar and the Recruitment Rules of Health Department.

g) Prayer for the grant of any writ, order or direction which this Hon'ble Court deems fit and proper in the circumstances of the case.

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

a) The facts of the case, as emerging from the pleadings and the record placed before the Court, are that the petitioner is a permanent resident of the Union Territory of Jammu and Kashmir and a citizen of India. He claims to be duly qualified and eligible for appointment to the posts of Health Inspector/Health Assistant in the Department of Health and Medical Education.

b) The petitioner was born on 01.02.1989. He passed his Secondary School Examination from the State Board of School Education, Jammu, in the year 2006 and thereafter completed Higher Secondary Part-II in the year 2008. In the year 2013, he obtained a three-year graduate degree in Physical Education from Rashtrasant Tukadoji Maharaj Nagpur University, a State University established under statutory authority. In addition thereto, the petitioner has acquired a one-year Diploma in Public Health and Sanitation Technology from the Institute of Public Health and Hygiene,

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