CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 1721/2020 Reserved on: - 30.10.2025 Pronounced on: - 03.02.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Irshad Mohd age 24 years, S/O Nazir Ahmed R/O Narwal Bala Mohalla Plasser, Tehsil Bahu, District Jammu.

…Applicant (Advocate: - Mr. M.I SHER KHAN)

Versus

1. State of Jammu and Kashmir through Commissioner/Secretary to Government, Revenue Department, Civil Secretariat Jammu/Srinagar. 2. Jammu and Kashmir Service Selection Board through its Chairman, Bahu Plaza Jammu

3. Secretary Jammu and Kashmir Service Selection Board, Bahu Plaza Jammu 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=

4. Daleep Kumar S/O Madan Lal R/O Kathan Kothey Pindi Charkan Kalan Tehsil Arnina District Jammu.

…Respondent (Advocate:- Mr. Hunar Gupta, Ld. DAG Mr. Rajesh Thapa, ld. A.A.G.)

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/WPC/04/19 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.1721/2020 by the Registry of this Tribunal.

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

It is therefore, most humbly prayed that in view of the submissions made hereinabove and those to be urged at the time of hearing, your lordship may very kindly be pleased to allow this writ petition in the nature of:

(1) Writ of certiorari, quashing the select list for the selection and appointment of Patwar, District Cadre Jammu issued in the Month of Dec 2018 in view of the advertisement notice No.6 of 2015 dated 01.09.2015 and may also quashing the advertisement notice No.6 of 2015 dated 01.09.2015 to the extent of not advertising one post for the reserve category of OBC/OSC being illegal, arbitrary, discriminatory, contrary to the rules and law and issued with malafide intention and may also quashing the selection and appointment of private respondent along with other selectees, selected in the open as well as other reserve categories.

(ii) Writ of mandamus commanding the respondents to select and appoint to the petitioner as Patwari in District Cadre 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=

Jammu under the category of Weak and under privilege class (Social Caste), with further prayer commanding the respondents to provide one post of Patwari in District Cadre Jammu to the weak and under privilege category candidate (Social Caste Candidates) and select and appoint to the petitioner under Social caste category of OBC/OSC along with all emolument of service including the monetary benefits and seniority. With further prayer commanding the respondents to conduct the Test of Urdu of the petitioner and further directing the respondents to issue corrigendum/ rectification for providing one post to Social Caste and select and appoint to the petitioner as per his inter-se merit and may commanding the respondents to withdraw the selection and appointment of the private respondent.

(iii) Any other writ, order or direction which this Hon'ble court may deem fit and proper in the facts of the circumstances of the case may also be issued in favour of the petitioner and against the respondents.

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

a) The present Trans