ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs: -

OA 546/2020

a) Setting aside of Communication No. Edu-II/715/2018 dated 12-07-2019 issued by respondent No.1 to respondent No.5 whereby 35 posts of Junior Assistants District Cadre Doda out of 80 earlier referred to the J&K Service Selection Board have been unilaterally withdrawn ab-initio without taking into consideration the recommendations made by the respondent No.5 and 6 regarding selection of candidates to 80 posts by adjusting 35 surplus candidates against 35 vacant posts of Accounts Assistant for the purpose of drawal of salary.

b) Directing the respondents 5 and 6 to declare the applicant as selected by issuing necessary select list to the post of Junior Assistant District Cadre Doda (unique number of advertisement No.2/2017/60) in reference to advertisement notice No.02/2017/43 to Advertisement No.02/2017/62 dated 18.10.2017 in view of he having competed in the process of selection and obtained score of 46.80.

c) Prayer for the grant of any other interim or final relief as may be deemed appropriate in the facts and circumstances of the case in favour of the applicant.

TA No. 546/2020

a) An appropriate writ, order or direction in the nature of writ of certiorari quashing communication No. Edu-II/715/2018 dated 12.07.2019 issued by respondent no.1 to respondent no. 5 whereby 35 posts of Junior Assistants District Cadre Doda out of 80 earlier referred to the J&K Service Selection Board have been unilaterally withdrawn ab-initio without taking into consideration the recommendations made by the respondent no. 5 and 6 regarding selection of candidates to 80 posts by adjusting 35 surplus candidates against 35 vacant posts of Accounts Assistant & Senior Assistant for the purpose of drawal of salary.

b) An appropriate writ, order or direction in the nature of writ of mandamus commanding the respondents 5 and 6 to declare the petitioners as selected by issuing necessary select list to the posts of Junior Assistants District Cadre Doda (unique number of advertisement no. 2/2017/60) in reference to advertisement notice no. 02/2017/43 to Advertisement no. 02/2017/62 dated 18.10.2017 in view of they having competed in the process of selection and obtained quite good score

c) An appropriate writ, order or direction in the nature of writ of mandamus commanding the respondents 5 and 6 not to recommend the names of 45 candidates including 09 candidates selected under RBA category to the posts of Junior Assistants District Cadre Doda (unique number of advertisement no. 2/2017/60) in reference to advertisement notice no. 02/2017/43 to Advertisement no. 02/2017/62 dated 18.10.2017 till the remaining 35 posts are filled up by issuance of select list and if the names of these 45 candidates recommended, then respondents 1 and 2 be restrained from issuing appointment orders in their favour.

d) Any other relief, which this Hon'ble Court in the facts and circumstances of the case deems fit and proper.

2. The facts of the case averred by the applicants in their pleadings are as follows: -

a) The present Transfer Application arises out of WP(C) No. 728/2020, originally instituted before the Hon’ble High Court of Jammu & Kashmir, which upon constitution of the Central Administrative Tribunal for the Union Territory of Jammu & Kashmir and Ladakh, stood transferred and registered as TA No. 546/2020. OA No. 557/2020, involving an identical controversy and arising from the same selection process, was also filed by similarly situated applicants. In order to avoid multiplicity of proceedings and since both matters emanate from a common cause of action, they were clubbed together and heard conjointly.

b) The applicants are citizens of India and permanent residents of the Union Territory of Jammu & Kashmir. They participated in a common selection process