CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 7289/2021 Reserved on: - 07.11.2025 Pronounced on: - 26.12.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

1. Kaleem Chowdhary, aged 24 years, s/o Sh. Ajwer Hussain, R/o Village Salwah, Tehsil Mendhar, District Poonch.

…Petitioner (By Advocate: - Mr. Ajaz Chowdhary)

VERSUS

1. State of J&K through Commissioner cum Secretary Govt Education Department civil Sectt. Jammu/Srinagar.

2. J&K Services Selection Board, Through Its Secretary, Sehkari Bhavan, Railhead Complex, Jammu.

3. Chairman J&K Services Selection Board, Sehkari Bhavan, Railhead Complex, Jammu.

4. Haq Nawaz S/o Noor Mohd. R/o Village Nagnar Tehsil Haveli District Poonch.

5 Nisar Ahmed S/o Mohd. Iqbal R/o Village Marhote Tehsil Surankote District Poonch.

…Respondents (By Advocate: - Mr. Rajesh Thappa, AAG, Mr. Sudesh Magotra, AAG)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP/WP(C) No. 2295/2014 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and was registered as T.A. No. 61/7289/2021 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court with following prayer:

a) “allow the present writ petition;

b) quash the selection of the private respondents as Teacher District Cadre Poonch made vide select list dated 04.07.2014.

c) command and direct the respondents to consider the selection of the petitioner pursuant to all the three Notifications i.e. 05 of 2013 and 06 of 2013, under ST and HC category and issue the appointment order in favour of the petitioner in the interest of justice.

d) ANY other writ, order or direction which this Hon'ble Court may deem fit or proper in the facts and circumstances of the case;”

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

a) The petitioner, Kaleem Chowdhary, has approached this Court aggrieved of his non-selection to the post of Teacher, District Cadre Poonch, despite having participated in the entire selection process and being eligible under the reserved categories of Scheduled Tribe as well as Handicapped.

b) Pursuant to Advertisement Notice No. 05 of 2013 dated

02.03.2013, applications were invited for Divisional and District Cadre posts including the post of Teacher in various districts of the State. Under the said advertisement, 157 posts of Teachers were notified for District Poonch under Item No. 491. Subsequently, another Advertisement Notice No. 06 of 2013 dated 10.05.2013 was issued, whereby applications were again invited for the post of Teacher and 231 additional posts for District Poonch were advertised under Item No. 536. Thus, a substantial number of posts of Teachers for District Cadre Poonch were advertised through different notifications during the year 2013.

c) The petitioner possesses the requisite qualification of Bachelor of Arts (B.A.) and belongs to the Scheduled Tribe category. He is also a person with disability, suffering from 75% locomotor disability, and therefore falls within the Handicapped category as well. Claiming eligibility under both the Scheduled Tribe and Handicapped categories, the petitioner applied for the post of Teacher, District Cadre Poonch, pursuant to Advertisement Notices No. 05 of 2013 and 06 of 2013. In the application form submitted to the respondent Services Selection Board (SSRB), the petitioner duly marked the relevant columns indicating his claim under both the ST and Handicapped categories and enclosed the necessary documents in support thereof.

d) At the first stage of the selection process, the respondent SSRB conducted a written examination for all candidates who had applied for the post of Teacher, District Cadre Poonch. The petitioner appeared in the said written test. The result of the written examination, which was held on 14.09.2013, was declared by the respondent SSRB, wherein the petitioner was shown to have