CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 3763/2021 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)

Anil Kumar Anand Age 23 years S/o Sh. Romesh Kumar R/o Kaitha, Keya, Ramnagar, Udhampur.

…Applicant (Advocate: - Mr.Amit kumar)

Versus

1. State of J&K through Commissioner Secretary Health & Medical Education Department, J&K Govt. Civil Secretariat Jammu.

2.J & K Service Selection Board, Through its Chairman, Sehkari Bhawan, Rail Head Complex, Jammu.

3. Secretary J&K Selection Board. Sehkari Bhawan, Rail Head Complex, Jammu.

4 Radhika D/o Sh. Ashok Kumar R/o Basant Garh, Ramnagar, Udhampur.

5. Tehsildar, Ramnagar.

…Respondents (Advocate:- Mr. Sudesh Magotra, ld. AAG, Mr. Hunar Gupta, ld. DAG, Mr. Rajesh Thappa, ld. AAG, Mr. Dheeraj Chaudhary & Mr.

Nitin Bhasin for R-4)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.715/2017 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.3763/2021 by the Registry of this Tribunal.

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

It are, therefore, most respectfully prayed that the Hon'ble Court may kindly allow this writ petition and issue an appropriate writ, command, order or direction more particularly writ in the nature of;

a) Certiorari, Quashing the Selection List No. DIP/J-8993 Dated

01-02-2017 qua the private respondent no.4, Issued by the Respondent no.3, whereby selected the Private Respondent no.4, as junior health Inspector (computers) by purporting the forged & Fake certificate of resident of backward Area (RBA).

b) Prohibition, Directing the respondent no. 2 & 3 not to recommend the name of the private respondent for the appointment as Junior Health Inspector (Computers) and further commanding the Respondent no.1 not to issue the appointment letter in favour of the private respondent no.4, for the Post of Junior Health Inspector (Computers) for District Udhampur under RBA category by virtue of selection & Recommendation by the respondent no. 2 & 3 Selection List No. DIP/J-8993 Dated 01-02-2017.

c) Mandamus, commanding and directing the respondent no.2 &

3, to recommend the name of the petitioner for the post of Junior Health Inspector (Computers) under RBA Category to Respondent no.1 and further commanding the respondent no.1 for issuing the appointment letter in favour of the Petitioner for the post of the Junior Health Inspector (Computers) under RBA category forthwith Prayer for issuance of any other interim or final relief as the Hon'ble Court may deem fit and appropriate in the peculiar facts and circumstances of the case.

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

a) The applicant, a permanent resident of the Union Territory of Jammu and Kashmir and a citizen of India, claims entitlement to consideration for public employment in accordance with the constitutional guarantees enshrined under Articles 14 and 16 of the Constitution of India.

b) The Jammu and Kashmir Services Selection Board (JKSSB)

issued Advertisement Notice No. 325/04 of 2013 dated 23.02.2013, inviting applications for district cadre posts of Junior Health Inspector (Computers) in the Health & Medical Education Department for District Udhampur, including one post reserved for the Resident of Backward Area (RBA) category.

c) The applicant, asserting full eligibility, applied for the said post under the RBA category. He participated in the written examination as well as the interview process conducted by the JKSSB and claims to have performed satisfactorily in both stages.

d) Upon issuance of the final selection list bearing No. DIP/J-8993 dated 01.02.2017, the applicant was placed in the waiting list, whereas respondent no.4 (Radhika) was selected under the RBA category. The applicant asserts that he was taken by