CENTRAL ADMINISTRATIVE TRIBUNAL
Bipen Singh – Appellant
Versus
Higher Education Department – Respondent
T.A./231/2022
##PAGE1##
:: 1 :: TA 231/2022
CENTRAL ADMINISTRATIVE TRIBUNAL
JAMMU BENCH, JAMMU
(RESERVED)
Hearing through video conferencing
Transfer Application No. 231/2022
Reserved on: - 07.08.2025
Pronounced on: - 23.12.2025
HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)
HON’BLE MR. RAM MOHAN JOHRI, MEMBER (A)
Bipen Singh, age 35 years, S/o Sh. Sansar Chand, R/o Boliyan Tehsil
Chiralla, District Doda.
…Applicant
(Advocate: - Mr. Ashwani Thakur)
Versus
1. The State of Jammu and Kashmir through the Secretary Higher
Education, Government of Jammu and Kashmir, Jammu.
2. The District Colleges, Jammu and Kashmir, Jammu.
3. Jammu and Kashmir Public Service Commission, through its
Secretary.
4. Syed Masarat Geelani, S/o Syed Mairaj UD Din Geelani, R/o Kunnel
Raingpath Handwara.
5. Hamidullah Ganie, S/o Mohd. Akbar Ganie, R/o Chaki Kara Pora
Cherari Sharief Budgam.
6. Khursheed Ahmed, S/o Habib Ullah Rather, R/o Narapora Shopian.
7. Hilal Ahmed, S/o Gh. Hassan Shah, R/o Nigeen Pora Kund Qazigund
Kulgam
8. Vijay Kumar, S/o Parkash Ram, R/o Rainda P.O Tehsil and District
Bhaderwah.
HARSHIT
Digitally signed by
YADAV HARSHIT YADAV
##PAGE2##:: 2 :: TA 231/2022
9. Yasmeena Yousuf, S/o Mohd. Yousuf Dar, R/o Redwani Bala
Qaimoh Kulgam.
10. Jaivardhana, S/o Mangat Ram, R/o H. No. 331 Lane No.07 Sector 1
Dogra Nagar Muthi Jammu.
11. Fida Hussain Uani, S/o Mohd. Abdullah Wani, R/o Checki Budwani
Kurigam Qazigund.
12. Rifat Gulzar, S/o Gh. Mohd Wani, R/o Gulzar Pora Awantipora
Pulwama.
13. Mohsin Maqbool, S/o Mohd. Maqbolldar, R/o Rangar Chadoora
Budgam.
14. Farooq Ahmed Bhat, S/o Ab Majid Bhat, R/o Zogivar Baramulla.
15. Tariq Ahmed Ganai, S/o Gh. Mohi ud Din Ganai, R/o Kansipora "B"
Baramulla
16. Shamsher Singh, S/o Kirpal Singh, R/o Bather Lahri Khog Tehsil
Billawar, Kathua
17. Mohd. Shafi Dar, S/o Gh Ahmad Dar, R/o Panzgam via Bijbehara
18. Rayaz Ahmad Mir, S/o Gh Mohi u Din Mir, R/o Dardson Kralpora
Kupwara
19. Mohamad Iqbal Rather, S/o Gh Mustafa Rather, R/o Rakhi Shilvath
Sumbal Sonawari
…Respondents
(Advocate:- Mr. Rajesh Thapa, ld. A.A.G., Mr. F A Natnoo)
HARSHIT
Digitally signed by
YADAV HARSHIT YADAV
##PAGE3##:: 3 :: TA 231/2022
ORDER
Per: - Rajinder Singh Dogra, Judicial Member
1. The SWP No.619/2017 was transferred from the Hon’ble High Court
of Jammu & Kashmir at Jammu and was registered as T.A
No.231/2022 by the Registry of this Tribunal.
2. The present matter was filed before the Hon’ble High Court seeking
following relief: -
a) “It is, therefore, humbly prayed that relevant record pertaining
to the selection of private respondents Nos. 4 to 19, and
exclusion of the petitioner, for the post of Assistant Professor
(Urdu) in Government Degree College on the basis of, and
pursuant to, the advertisement vide notification No. 12-PSC
(DR-P) of 2014 dated 29 May 2014 may kindly be called for,
and the selection and appointment, if made on the basis thereof,
of the said respondents to the said post, quashed, and the
petitioner declared selected for, and the concerned respondents
directed to appoint him accordingly, to the said post, and from
the date of selection and appointment of the said private
respondents. Any other writ, order or direction that this Hon.
Court may deem just, fit and proper in the facts and
circumstances of the present case may also be granted.”
3. The facts of the case as pleaded by the petitioner in his pleadings are
as follows: -
a) The present Transfer Application arises out of SWP No.
619/2017, originally instituted before the Hon’ble High Court
HARSHIT
Digitally signed by
YADAV HARSHIT YADAV
##PAGE4##:: 4 :: TA 231/2022
of Jammu and Kashmir at Jammu, which, upon constitution of
this Tribunal, stood transferred and registered as TA No.
231/2022. The applicant invoked the extraordinary writ
jurisdiction seeking quashment of the select list issued by the
Jammu and Kashmir Public Service Commission vide
Notification No. 08-PSC (DR-S) of 2017 dated 26.02.2017, to
the extent it pertains to private respondents Nos. 4 to 19, who
were selected and recommended for appointment to the post of
Assistant Professor (Urdu) in Go
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