CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 376/2022 Reserved on: - 19.08.2025 Pronounced on: - 18.12.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Azmat Ullah Age 31 Years S/o Manzoor Hussain R/o Ghambir Mughlam, Tehsil Manjakote, District Rajouri.

…Applicant (Advocate: - Mr. Abhinav Sharma, Ld. Sr. Advocate)

Versus

1. State of Jammu and Kashmir Through Commissioner /Secretary, Jammu and Kashmir Govt. Social Welfare Department, Civil Secretariat, Srinagar, 2. Jammu and Kashmir Service Selection Board, Through its Secretary Zum-Zum Building Rambagh , Srinagar.

3. Secretary , Jammu and Kashmir Service Selection Board, Zum-

Zum Building Rambagh Srinagar.

4. Ankush Gupta S/D/O Sh. Vipin Mahajan R/o Ward No. 4 , Rajouri.

5. Azra Qureshi, D/o Mohd Shabir, R/o Ujhan, Thanamandi , Rajouri. 6. Sanyogita Charak, D/o Sh. Janak Singh Charak, R/o Theru, Kalakot, Rajouri.

7. Madhya Kouser Mir, D/o Mohd. Aslam, R/o Thanamandi, District Rajouri.

…Respondents (Advocate:- Mr. Hunar Gupta Ld. AAG)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP NO.2172/2017 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.376/2022 by the Registry of this Tribunal.

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

“IN THE PREMISES:-

a) Allow the present writ Petition.

b) Declare the minimum qualification for direct recruitment to the class-II Post of supervisor in social welfare department as prescribed under social welfare (subordinate) service Recruitment Rules,2009, to the extent, under the rules only female graduate can be appointed as supervisior in social welfare department, as ultra-vires the constitution; with further direction to delete the word ‘’female’’ from the said rules:

c) Quash the selection list of candidates for the post of supervisor (social welfare department district cadre Rajouri), to the extent ,it provides selection of only female candidate for the post of supervisior in social welfare department;

d) Command and direct the respondents that after ignoring the word ‘’female’’ in the social welfare (subordinate) service recruitment rules,2009, conduct the interview of the petitioner for the post of supervisor in social welfare department , pursuant to advertisement Notice No. 06 of 2013 dated

10.05.2013, in which , the petitioner has been short listed;

e) Command and direct the official respondents to select and appoint both male and female candidates including the petitioner as supervisor in social welfare department in jammu division as has been done in various districts of Kashmir division;

f) Restrain the respondents from issuing the appointment orders in favour of private respondents i.e. illegally selected candidates who are female candidates in district Rajouri as supervisor in social welfare department , pursuant to select list issued vide Item No.551(06 of 2013) dated 10.05.2013:

g) 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 pleaded by the petitioner in his pleadings are as follows: -

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

2172/2017, which was originally filed before the Hon’ble High Court of Jammu & Kashmir at Jammu and, upon transfer, has been registered as TA No. 376/2022 before this Tribunal. The applicant, a permanent resident of Jammu and Kashmir, claims to be fully entitled to invoke the constitutional and statutory protections available under Part-III of the Constitution of India.

b) The applicant asserts that he possesses the qualification of Post-

Graduation in Sociology along with B.Ed. degree and had applied pursuant to Advertisement Notice No. 06 of 2013 dated 10.05.2013, issued by the Jammu and Kashmir Service Selection Board, for appointment to the post of Supervisor in the Social Welfare Dep