CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 587/2020 Reserved on: - 14.10.2025 Pronounced on: - 26.12.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Bandana Devi, Age 26 years D/O Dhian Singh, R/O Village Peur, Tehsil & District Samba.

…Applicant (Advocate: - Mr. T.M. Khan)

Versus

1. State of Jammu & Kashmir, Through Commissioner/Secretary to Govt;

Education Department, Civil Secretariat, Srinagar.

2. Chief Education Officer, Samba.

3. Secretary, J&K Service Selection Board Srinagar.

4. Reena Devi, D/o Tara Singh, R/o Khabbal, Teshil & District Samba.

….Respondents (Advocate: - Mr. Rajesh Thapa, ld. A.A.G., Mr. Sudesh Magotra, ld.

A.A.G., Mr. Abhinav Sharma, Senior Advocate)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No. 2583/2010 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No/587/2020 by the Registry of this Tribunal.

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

a) Writ of mandamus commanding the respondent no. 2 & 3 to operate the waiting list of the selected candidate for the recruitment of General Line Teacher in District Cadre Samba made pursuant to the advertisement notification 4 of 2015 dated10-08-2015 and the selection made by the respondent no.3 in which the petitioner figure at Serial no.4 of the waiting list of RBA Category.

b) With further Writ of Mandamus directing the respondent no.2 and 3 to appoint the petitioner as General Line Teacher against the post fallen vacant because of non- joining of candidate figuring at serial no.8, 26 and serial no.2 of the waiting list.

c) With further Writ of Certiorari quashing the selection of respondent no.4 who has been selected against RBA category as the respondent was not having requisite qualification at the relevant time of advertisement notification and the RBA certificate has been issued by the authority after the marriage of the respondent no.4.

d) Any other writ or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

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

a) The petitioner, Bandana Devi, is a permanent resident of Village Payour, Tehsil and District Samba, and belongs to an area notified as Reserved Backward Area (RBA) under the relevant statutory framework. She possesses the requisite educational qualifications, being a Graduate in Arts from the University of Jammu and having passed 10+2 from the J&K Board of School Education in the year 2011. She is otherwise fully eligible for appointment to the post of General Line Teacher.

b) Pursuant to Advertisement Notification No. 04 of 2015 dated

10.08.2015 issued by the J&K Service Selection Board/competent authority, applications were invited for recruitment to the post of General Line Teacher in District Cadre Samba. As per the advertisement, 63 posts were notified, out of which 49 posts were earmarked for the RBA category and 14 posts for the ALC category. The minimum prescribed qualification was 10+2, with preference to candidates possessing higher qualifications and professional degrees such as B.Ed., M.Ed., and ETT/NIT.

c) The petitioner applied for selection under the RBA category and participated in the selection process. The selection was conducted on the basis of merit, taking into account academic performance and interview marks. Upon completion of the selection process, a select list was issued and, in terms of Rule 14(7) of the Jammu and Kashmir Civil Services (Decentralization and Recruitment) Rules, 2010, a waiting list comprising 25% of the total selected candidates was also drawn. The petitioner was placed at Serial No. 4 in the RBA waiting list.

d) It is the specific case of the petitioner that several candidates who were selected under the RBA category failed to join the post. In particular, t