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2025 Supreme(Online)(CAT) 14164

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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