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CENTRAL ADMINISTRATIVE TRIBUNAL

JAMMU BENCH

Original Application No. 2078/2025

Date of Order: This, the 29th day of December, 2025

HON’BLE MR. RAJINDER SINGH DOGRA, JUDICIAL MEMBER

HON’BLE MR. RAM MOHAN JOHRI, ADMINISTRATIVE MEMBER

Between

Raiz Ahmed, aged 30 years,

S/o Mohd. Shafi Sheikh,

R/o Village Ind Tehsil Gool District Ramban,

Pincode: 182144.

....Applicant

-Versus-

1. U.T. of Jammu & Kashmir,

Through Commissioner Secretary to Government. Health &

Medical Education Department, Civil Secretariat, Jammu,

Pincode -180001.

2. Director General of Police, J&K Police,

Police Headquarters, Jammu/Srinagar.

3. Commandant, Home Guards,

District Ramban, Jammu & Kashmir,

Pincode – 182144.

4. J&K Services Selection Board,

Through its Secretary,

Jammu/Srinagar.

...RESPONDENTS

Advocate for applicant(s): Mr. H.A. Farooqi

O.A. No. 2078/2025

Digitally signed by

SOURABH KUMAR

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Advocate for respondent(s): Mr. R. Thappa, ld. AAG

ORDER(Oral)

PER MR. RAJINDER SINGH DOGRA, MEMBER (J):

The instant OA has been filed by the applicant

praying for the following reliefs:-

“a. Declare the action of the respondents in

declaring the applicant as having failed the PET by

denying him the relaxation of 7 minutes in the race

as illegal, arbitrary, and violative of Articles 14 and

16 of the Constitution of India.

b. Direct the Respondents to grant the applicant the

relaxation of 7 minutes in the PET race, as

applicable to Home Guard Volunteers, and declare

him qualified in the PET, in light of the precedent set

by this Hon'ble Tribunal in similar cases.

c. Direct the respondents to allow the applicant to

proceed to the next stage of the recruitment process

for the post of Constable pursuant to Advertisement

Notice No. 1 of 2024 dated 16-07-2024.

d. Grant any other relief(s) as this Hon'ble Tribunal

may deem fit and proper in the facts and

circumstances of the case, including relief on the

same analogy as granted in similar cases by this

Hon'ble Tribunal.

e. Award costs of this Original Application in favor of

the Applicant.”

The brief facts of the case are that the applicant was

engaged as a Voluntary Home Guard under Belt No. 93

vide Order No. 452 of 2015 dated 30-07-2015 issued

by the Commandant, Home Guards, Ramban. The

applicant continuously and satisfactorily discharged

O.A. No. 2078/2025

Digitally signed by

SOURABH KUMAR

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his duties as a Home Guard Volunteer for a period of

more than six years, rendering disciplined service in

aid of the civil administration and police machinery

under challenging circumstances. Upon completion of

his tenure, the applicant was formally disengaged from

service on 31-07-2021, without any adverse remark or

disciplinary stigma whatsoever. His entire period of

service as Home Guard Volunteer stands duly verified,

authenticated and certified by the Area Commandant,

Home Guards, Ramban, vide certificates dated 22-08-

2024.

Pursuant to Advertisement Notice No. 01 of 2024

dated 16-07-2024, issued by respondent No. 4 inviting

applications for the post of Constable, the

applicant,being fully eligible in terms of qualification,

age and experience, applied under the appropriate

category. After due scrutiny of his application, the

applicant was issued Admit Cards for participation in

the Physical Standard Test (PST) and Physical

Endurance Test (PET), thereby acknowledging his

eligibility for the selection process.

O.A. No. 2078/2025

Digitally signed by

SOURABH KUMAR

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That in furtherance of the said selection process, the

applicant duly appeared and participated in the

PST/PET conducted on 03-12-2025 in Shift 'A'. The

Physical Endurance Test included a race, for which the

general qualifying time was fixed at 5 minutes, subject

to relaxation for eligible categories as per rules and

established practice.

That to the utter shock and dismay of the

applicant, he was declared to have failed the race by a

negligible margin of a 17 seconds and was

consequently, declared disqualified from further stages

of the selection process. This disqualification was

imposed mechanically and arbitrarily, comple