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CENTRAL ADMINISTRATIVE TRIBUNAL

JAMMU BENCH, JAMMU

(RESERVED)

Hearing through video conferencing

Transfer Application No. 5816/2021

Reserved on: - 03.09.2025

Pronounced on: - 04.02.2026

HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

1. Gagandeep Singh, age 27 years, S/o Sh. Bajant Singh, R/o Village

Nardi Tehsil Maira-Mandrian,District Jammu.

…Applicant

(Advocate: - Mr. Sudershan Sharma)

Versus

1. State of J&K through Commissioner/Secretary, Home Department,

Civil Secretariat, Jammu.

2. Director General of Police, Police Headquarter, J&K Govt., Jammu.

3. Chairman, J&K Police recruitment Board, Jammu.

…Respondents

(Advocate:- Mr. Rajesh Thapa, AAG)

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ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.2473/2018 was transferred from the Hon’ble High Court

of Jammu & Kashmir at Jammu and was registered as T.A

No.5816/2021 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court seeking

following relief: -

“I. For issuance of an appropriate writ, order or direction in

the nature of writ of mandamus whereby directing the

respondents to accord consideration to the case of

applicant for his selection and appointment to the post of

Sub Inspector (Executive) under RBA category, in the

given facts and circumstances of the case.”

3. The brief facts of the case, as stated in the T.A. are that the applicant

holds a B.Sc. (Non-Medical) degree and is a resident of Tehsil

Maira-Mandiran, which was declared a backward area in 1994. It is averred

in the T.A. that Respondent No. 2 issued Advertisement Notification No.

Pers-A-400/2016/75303-403 dated 30.12.2016 inviting applications from

permanent residents of J&K for 658 posts of Sub Inspector in Executive and

Armed Wings of J&K Police. In the Executive Wing, 482 posts were

advertised with the following break-up: OM 275, RBA 96, ST 48, SC 39,

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ALC 15, OSC 9 (Annexure-C). The applicant, being fully eligible and

belonging to RBA category, applied for SI (Executive) under RBA category

within the stipulated time on the prescribed format and obtained proper

receipt. It is further averred that the applicant was called for Physical

Standard Test on 14.09.2017 at 10:00 AM at Gulshan Ground, Jammu, for

which an Admit Card (Annexure-D) was issued. The applicant qualified PST

under RBA category and submitted the RBA certificate during document

scrutiny, which was accepted by the respondents. Subsequently, the

applicant was called for written test under RBA category on 24.06.2018 at

Govt. Polytechnic, Bikram Chowk, Jammu, and based on merit was

shortlisted for viva-voce on 07.08.2018; the applicant's name appears at

Serial No. 136 under RBA category (Annexure-E). It is further averred that

on 31.11.2018, during viva-voce proceedings, the Interview Committee did

not consider the applicant's RBA certificate and directed the applicant to

submit an application for interview under Open Merit category;

consequently, the interview was conducted under OM despite the applicant's

RBA status. The applicant had applied for the RBA certificate on

23.08.2017, which was issued on 24.08.2017—prior to the PST. It is averred

ARUN that under Reservation Rules, a candidate belonging to a reserved category

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who indicates such category in the application form may produce the

requisite certificate before finalization of selection; however, in the present

case, while the respondents initially accepted the applicant's RBA

candidature throughout PST and written examination stages, they arbitrarily

shifted the interview to Open Merit category despite the valid RBA

certificate. It is averred that the respondents, without adhering to

Reservation Rules, have denied the applicant's legitimate right to

consideration and selection for the post of Sub Inspector (Executive) under