CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 4745/2020 Reserved on: - 24.09.2025 Pronounced on: - 03.02.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Sh. Sajad Iqbal Naik age 30 years S/o Sh. Mohd Iqbal Naik R/o Village Neel Battoo Tehsil Banihal District, Ramban.

…Applicant (Advocate: - Mr. O.P. Thakur)

Versus

1. State of Jammu and Kashmir through Commissioner-cum-

Secretary, Education Department, Civil Sectt. Srinagar.

2. Commissioner-cum-Secretary, Cooperative Department, Civil Sectt, Srinagar.

3The J&K State Service Selection Recruitment Board, Zum- Zum Building, Rambagh Srinagar.

4. Chief Education Officer, Ramban.

5. Sh. Ab. Qayoom Katoch S/o Sh. Mohd Yousef Katoch, R/o village Pogal, Tehsil Pogal Paristhan (Ukhral), District, Ramban.

….Respondents (Advocate:- Mr. Sudesh Magotra, AAG, Mr. Rajesh Thappa AAG)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No. 1242/2018 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No/4745/2020 by the Registry of this Tribunal.

(i) To consider the petitioner for the post of Junior Assistant under RBA category in terms of advertisement notice NO. 01 of 2016 dated 1-6-2016 item No. 129 i.e. one post in Cooperative Department and

23 posts for School Education Department.

(ii) To consider, select and appoint the petitioner as Junior Assistant under RBA category.

With A further writ of certiorari quashing the consideration of the petitioner under open merit category as has been done by respondent No. 3. Costs of the petition with such other additional or alternate relief which this Hon'ble Court may in the facts and circumstances of the case deem fit and proper be also awarded in favour of the petitioner.

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

a) The present Transfer Application arises out of SWP No.

1242/2018, originally filed before the Hon’ble High Court of Jammu & Kashmir and transferred to this Tribunal, wherein the applicant seeks consideration and appointment to the post of Junior Assistant under the RBA category, pursuant to Advertisement Notice No. 01 of 2016 dated 01.06.2016.

b) The applicant is a permanent resident of Village Neel Battoo, Tehsil Banihal, District Ramban, an area duly notified as a Rural Backward Area (RBA) under the Jammu & Kashmir Reservation Act, 2004 read with the Reservation Rules, 2005. His RBA status was certified by the competent authority in the year 2011 and renewed on 04.05.2016, well before issuance of the advertisement in question, and remained valid till

03.05.2021.

c) The applicant possesses the requisite educational qualifications prescribed for the post of Junior Assistant. He passed Matriculation in 2003 and 10+2 in 2005 from the J&K Board of School Education, acquired Graduation and Master’s Degree in Urdu from Maulana Azad National Urdu University, and further holds a one-year Diploma in Computer Applications along with a six-month computer training certificate from a Government-run Community Information Centre under the National Informatics Centre. Thus, on the cut-off date, he fully satisfied the eligibility criteria prescribed in the advertisement.

d) Advertisement Notice No. 01 of 2016 invited online applications for filling up backlog posts, including 24 posts of Junior Assistant under Item Code 129, out of which 6 posts were earmarked for RBA category, and the sole post in the Cooperative Department was specifically reserved for RBA candidates. Being eligible and belonging to the notified RBA area of District Ramban, the applicant intended to apply under the RBA category.

e) Due to lack of internet and computer facilities in his remote hilly village, the applicant approached a private computer centre at Banihal for submission of his online application. While filling up the physical application format, he clearly indicated his category