CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 268/2022 Reserved on: - 10.09.2025 Pronounced on: -31.12.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Dr. Paromita Gupta, age 42 years, W/O Sh. Akhil Gupta, R/O

143/144, Chand Nagar, Ludhiana.

…Applicant (Advocate: -Ms. Manpreet Kour)

Versus

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

Secretary to Government, Higher Education Department, J&K Government, Civil Secretariat, Jammu.

2. Jammu and Kashmir Public Service Commission through Its Chairman, Resham Ghar Colony, Bakshi Nagar, Jammu.

3. Chairman, Jammu and Kashmir Public Service Commission, Resham Ghar Colony, Bakshi Nagar, Jammu.

4. Secretary, Jammu and Kashmir Public Service Commission, Resham Ghar Colony, Bakshi Nagar, Jammu

5. Monisa Mehboob D/O Malik Mehboob Willayat R/O H.No. 29 Chinar Colony Chandpora, Harwan, Srinagar.

6. Mansoor Ahmad Rather S/O Mohammad Afzal Rather t R/O Plan Bandipora Ward No. 2 near Ziyarat Gousia Plan District Bandipora.

7. Nissar Ahmed S/O Ghulam Qadir Bhat, R/O Kaskoot Tehsil Banihal, District Ramban.

…Respondents (Advocate:- Mr.Rajesh Thapa, Ld. AAG, Mr. F.A. Natnoo)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.267/2017 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.268/2022 by the Registry of this Tribunal.

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

a) In view of the above submissions and those to be urged at the time of hearing, it is, therefore, most humbly prayed that the directions may kindly be issued to the respondents:-

to quash select list for the post of Assistant Professor (Fisheries) in Higher Education Department vide Notification No. 03-PSC (DR-S) of 2017 dated 10.01.2017 issued by the Secretary J&K Public Service Commission published in English Newspaper "Daily Excelsior" on 14.01.2017 by which the respondents have selected the private respondents Nos. 5 10 7 for the post of Assistant Professor (Fisheries) in Higher Education Department, by issuance of writ of certiorari;

ii/to issue directions to the respondents to consider the case of the petitioner for selection/appointment on the post of Assistant Professor (Fisheries) in Higher Education Department as the petitioner is fully eligible, entitled and qualified for the same, by issuance of writ of mandamus;

to issue directions to the respondents to allow the petitioner to participate in the selection process and to conduct the interview of the petitioner for the post of Assistant Professor (Fisheries) in Higher Education Department as the petitioner has been deprived for appearing in the interview and participating in the selection process for the post of Assistant Professor (Fisheries) in Higher Education Department, by issuance of writ of mandamus;

iv. to issue directions to the respondents to produce the original record of selection for the post of Assistant Professor (Fisheries) in Higher Education Department before this Hon'ble Court, by issuance of writ of mandamus;

to declare the select list for the post of Assistant Professor (Fisheries) in Higher Education Department vide Notification No. 03-PSC (DR-S) of 2017 dated 10.01.2017 issued by the Secretary J&K Public Service Commission published in English Newspaper "Daily Excelsior" on 14.01.2017 by which the respondents have selected the private respondents Nos. 5 to 7 for the post of Assistant Professor (Fisheries) in Higher Education Department and have not considered the case of the petitioner for selection/appointment on the post of Assistant Professor (Fisheries) in Higher Education Department as the petitioner is fully eligible, entitled and qualified for the same, us ultra virus, illegal, arbitrary, unconstitutional, unjust and contrary to the provisions of law and rules and against the provisions of principles of natural justice, by issuan