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:: 1 :: TA 7263/2021

CENTRAL ADMINISTRATIVE TRIBUNAL

JAMMU BENCH, JAMMU

(RESERVED)

Hearing through video conferencing

Transfer Application No. 7263/2021

Reserved on: - 01.08.2025

Pronounced on: - 24.12.2025

HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

1.Bindu Sharma age 34 years, w/o Rajesh Kumar, r/o Ghai Bajwal, Tehsil

Sunderbani, District Rajouri.

2. Veena Kumari age 35 years, w/o Darshan Kumar, r/o Ghai Bajwal, Tehsil

Sunderbani, District Rajouri.

3. Mohd Shakeel, age 38 years, s/o Mohd Sadiq, r/o Sagrawat, Tehsil Darhal

and District Rajouri.

…Applicants

(Advocate: - Mr. Siddhant Gupta)

Versus

1. State of Jammu and Kashmir, Through Commissioner Secretary To Govt.,

Education Department, Civil Secretariat, Jammu.

HARSHIT Digitally signed

by HARSHIT

YADAV

YADAV

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:: 2 :: TA 7263/2021

2. J&K Service Selection Board, Through its Chairman, Sehkari Bhawan,

Jammu.

3. Secretary, J&K Service Selection Board, Sehkari Bhawan, Jammu.

…. Respondents

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

HARSHIT Digitally signed

by HARSHIT

YADAV

YADAV

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:: 3 :: TA 7263/2021

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No. 653/2014 was transferred from the Hon’ble High Court

of Jammu & Kashmir at Jammu and was registered as T.A

No/7263/2021 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court seeking

following relief: -

a) Allow the writ petition of the petitioner.

b) Issue writ of Certiorari quashing the impugned Notice No.

SSB/Secy/Sel/2014/743-54 dated 30-01-2014 issued by the

respondent no.3 to the extent it excludes the eligible

candidates belonging physically challenged category

candidates including petitioners herein from the process of

interview/viva voice and thereby deprive them from their right

of consideration for selection against the post of teacher

district cadre Rajouri.

c) Issue a writ of mandamus commanding the respondents to

allow the petitioners to participate in the interview/viva voice

for the post of teacher district cadre Rajouri pursuant to

advertisement notice no. 3of 2013 dated 28-12-2012,

advertisement notice no. 05 of 2013 dated 02-03-2013 and

advertisement notice no. 06 of 2013 dated 10-05-2013 dated

HARSHIT Digitally signed

by HARSHIT

YADAV

YADAV

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:: 4 :: TA 7263/2021

10-05-2013 and also to consider them for selection and

appointment for the post of teacher for District Rajouri.

d) Pass such other appropriate order as facts of the case demand

and Hon'ble court may deem just and proper in favour of the

petitioners.”

3. The facts of the case as pleaded by the petitioners in their pleadings

are as follows: -

a) The present Transfer Application arises out of SWP No.

653/2014, which was originally filed before the Hon’ble High

Court of Jammu & Kashmir at Jammu and, upon reorganisation

of jurisdiction, stood transferred and registered as T.A. No.

7263/2021 before this Tribunal.

b) The applicants submit that they are permanent residents of the

erstwhile State of Jammu and Kashmir and citizens of India,

entitled to the protection of their constitutional, legal and

statutory rights, including the guarantees under Articles 14 and

16 of the Constitution of India.

c) It is averred that the J&K Services Selection Board issued

Advertisement Notice No. 03 of 2012 dated 28.12.2012,

inviting applications for filling up 24 posts of Teachers in

HARSHIT Digitally signed

by HARSHIT

YADAV

YADAV

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:: 5 :: TA 7263/2021

District Cadre Rajouri, with category-wise breakup and

prescribed eligibility criteria. Thereafter, the Board issued

Advertisement Notice No. 05 of 2013 dated 02.03.2013,

advertising 409 posts of Teachers for District Cadre Rajouri

under Item No. 494. Subsequently, Advertisement Notice No.

06 of 2013 dated 10.05.2013 was also issued, whereby 341

posts of Teachers for District Cadre Rajouri were advertised

under Item No. 555. Each of these advertisements provided

category-wise distribution of posts and stipulated qualifications.

d) The applicants, cla

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