Reserved on 17.09.2025

Hearing through video conferencing

O R D E R

Per:- Rajinder Singh Dogra, Judicial Member

The applicants approached the Hon’ble High Court of Jammu and Kashmir by filing SWP No. 1812 of 2009 praying for the following reliefs:-

“Petition under Section 103 of the Constitution of J&K seeking enforcement of fundamental as well as legal rights praying for the issuance of writ in the nature of certiorari quashing the selection and appointment of Respondent No. 3 to 23 made by Govt. Order No. 175-PDD of 2009 dated 22.08.09

With the further prayer for issuance of a writ in the nature of mandamus directing and commanding the Respondent No. 1 & 2 to consider the case of the petitioners for appointment to the post of Junior (Electrical Grade)”

After the reorganization of State of Jammu and Kashmir into Union Territory of Jammu & Kashmir and Ladakh and in view of the Notification No. G.S.R. 267 (E) dated 29.04.2020 read with notification No. G.S.R. 317 (E) dated 28.05.2020 issued by the Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training), the jurisdiction to adjudicate upon the lis regarding service disputes of the employees of UT of J&K and Ladakh was conferred upon this Tribunal and while considering the said fact, the record of Service Writ Petition No. 1812 of 2009 was ordered to be transferred by the Hon’ble High Court to this Tribunal on 18.03.2021and renumbered as Transferred Application (in short T.A.) No. 5412 of 2021.

The brief facts of the case, as stated in the T.A. are that the J&K Service Selection Board issued Advertisement No. 04 of 2007 and No. 09 of 2008 inviting applications for Junior Engineer (Electrical) Grade-II. The applicants applied in the open category and they were called for interview, however, were not included in the published select list of 245 open-category candidates nor in the subsequent appointment/joining list, despite having academic diploma percentages of 61.14%, 60.22% and 64.57% and receiving interview scores of 16.38, 14.67 and 13 out of 20 respectively.

Reply has been filed by respondent No. 2 – JKSSB, in which it has been stated that vide advertisement notice No. 2/2007, 342 posts of JE Electrical Grade-II and vide notification No. 9/2008, 89 posts of JE Electric grade-II State Cadre were advertised with a stipulation that those who applied pursuant to the notice No. 2/2007 need not apply again. The qualification prescribed for the post was Bachelors Degree in Electric/Electronic Engineering or Three years Diploma in Electric/Electronic Engineering. The criteria fixed and notified by the Board was

(i) Weightage to Basic Qualification – 70 Pts (on prorate basis),

(ii) M. Tech – 10 Pts (across the Board),

(iii) Viva-Voce 20 points Total – 100 points.

It is further stated that a single selection committee was constituted to conduct the interview of all the eligible candidates for both notification. The select list was recommended vide letter No. SSB/Sec/Secy/Jr. Eng. Elect/09/2336-40 dated 5.8.2009, by withholding eleven vacancies in compliance to the order dated 26.06.2009 and 15.7.2009 passed by Hon’ble High in cases titled Shafiat Hussain and Raghu Singh Jandla. It is also stated that 245 candidates were selected and recommended under OM category and last cut off merits in OM category was 68.13 points as the two notification were clubbed together and a single select list was declared. The applicants could not make the grade, as they were able to gain only 60.76, 60.23 and 64.57 points respectively, which is less than cut off merits of last select candidate in OM category. It is further stated that the last cut off points in OM waiting list is 67.36 points. It has further been stated that the respondents did the evaluation on the basis of 70 points fixed in the selected criteria on pro rota basis of basic qualification which is calculated as Percentage obtained by the candidate X 70/100. It is also

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