CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 247/2022 Reserved on: - 29.08.2025 Pronounced on: - 19.12.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

1. Tahir Maqbool, Age: 32 years, S/o Sh. Maqbool Hussain, R/o Village Narol, Tehsil Mendhar District Poonch.

2. Azher Nawaz Khan, Age: 33 years, S/o Late Raja Mohd. Khan, R/o Village Manyal, Tehsil Thanamandi District Rajouri.

…Applicants (Advocate: - Mr. Sheikh Najeeb)

Versus

1. The State of Jammu and Kashmir through its Commissioner/Secretary, Health and Medical Education Department, Civil Secretariat, Jammu.

2. The J&K Public Service Commission through its Secretary, Resham Ghar, Jammu.

3. The Director General, Indian System of Medicines, J&K Government, Jammu.

….Respondents (Advocate:- Mr. Sudesh Magotra, ld. AAG, Mr. F.A. Natnoo, ld. counsel for JKPSC)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No. 2487/2016 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No/247/2022 by the Registry of this Tribunal.

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

a) Quashing Notification No.PSC/Exam/2016/48 dated 12-05-

2016 whereby amendment in Rule 51 of J&K Public Service Commission (Business & Procedure) Rules, 1980 has been effected to Rule 51 of the said Rules for determination of suitability of candidates for appointment the candidates from open category shall be required to score a minimum of 50% and those belonging to Reserved Categories and Physically Challenged Persons shall have to obtain a minimum of 45% out of the total weightage points earmarked for assessment in the aforesaid Rule to the extent that the said amendment was made applicable retrospectively w.e.f. 01-01-2016.

b) Commanding the respondents to select/ appoint the petitioners to the post of Medical Officers (Ayurvedic) the selection process for which was initiated pursuant to Notification No.PSC/DR/2016/02 dated 04-02-2016 by taking into consideration Notification No.PSC/EX/11/44 dated 30-03-2011 whereby while effecting amendment in Rule 51 for determination of the suitability of candidates for appointment, the candidates from open category shall be required to score minimum 50% and candidates from other reserved categories were required to obtain a minimum of 40% out of total weightage points.

c) Commanding the respondents not to apply the aforesaid amendment in Rule 51 made pursuant to Notification dated 12- 05-2016 in the cases of the petitioners for their selection as Medical Officers (Ayurvedic) as the selection for the said posts was initiated pursuant to Notification No.PSC/DR/2016/02 dated 04-02-2016 much before the issuance of the aforesaid amendment.

d) Prayer for the grant of any other interim or final relief as may be deemed appropriate in the circumstances of the case.”

3. The facts of the case as pleaded by the petitioners in their pleading are as follows: -

a) The applicants are permanent residents of the erstwhile State of Jammu and Kashmir and citizens of India. They possess the requisite qualifications for appointment to the post of Medical Officer (Ayurvedic) and claim entitlement to consideration in accordance with the rules governing the selection process.

Applicant No.1 belongs to the ALC category, whereas Applicant No.2 belongs to the RBA category.

b) The Jammu and Kashmir Public Service Commission (JKPSC), respondent No.2 herein, issued Advertisement Notification No. PSC/DR/2016/02 dated 04.02.2016, inviting applications for filling up 45 posts of Medical Officer (Ayurvedic) in the Health and Medical Education Department. Out of these, 9 posts were earmarked for the RBA category and 2 posts for the ALC category. The applicants, being fully eligible, applied under their respective reserved categories.

c) The selection process consisted of a written examination followed by viva voce. The