CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 2326/2020 Reserved on: - 10.06.2025 Pronounced on: - 17.12.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Sunny Dubey, age 28 years, S/o Ramesh Chander, R/o Nalla Ghoran, Ram Nagar, Udhampur.

…Petitioner (By Advocate: - Mr. Sahil Sharma)

VERSUS

1. Chairman, Service Selection Board, J & K, Jammu.

2. State of J & K through Commissioner/Secretary, J & K Govt.

Education Department, Civil Secretariat Jammu/Srinagar.

3. Director School Education, Jammu & Kashmir at Jammu.

4. Chief Education Officer, District Udhampur.

...Respondents (By Advocate: - Mr. Sudesh Magotra, AAG)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP/WP(C) No. 4034/2019 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and was registered as T.A. No. 61/2326/2020 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court with following prayer:

a) “allow the present writ petition;

b) Command and direct the respondents to consider the selection and engagement of the petitioner against one of the posts of Junior Assistant Distt. Udhampur under RBA Category, pursuant to Advertisement Notice No. 02 of 2017 retrospectively from the date other candidates was selected against the advertisement notice referred above.

c) Restrain the respondents, more particularly respondent No. 2 from initiating fresh Selection process for filling up the post of Jr. Asstt. In School Education Department under RBA category of District Cadre Udhampur.

d) 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 averred by the petitioner in his pleadings are as follows:

a) The petitioner, Sunny Dubey S/o Romesh Chander, resident of Ramnagar, District Udhampur, is a permanent resident of J&K. He is a qualified person holding a Post Graduate Diploma in Journalism & Mass Communication and a Diploma in Computer Software. He is unemployed, and no one from his family is in government service.

b) The J&K Services Selection Board (JKSSB) issued Advertisement Notice No. 02 of 2017 inviting applications for the post of Junior Assistant in Education Department, District Udhampur, under the RBA Category. The petitioner applied under the RBA category, being an eligible candidate.

c) The petitioner appeared for the type test and qualified. He was thereafter called for the written test, which he also qualified. His name appeared at Sr. No. 5 in the shortlist/counseling list for Junior Assistant under the RBA category. Despite being qualified, during counseling the petitioner’s name was not included in the waiting list, to his utter surprise. As per CEO Udhampur’s communication dated 08.04.2019, at least three selected candidates under RBA category did not join as Junior Assistants:

 Sapna Devi (joined as Lab Assistant instead; submitted affidavit confirming non-joining).

 Ganesh Singh (joined in Health & Medical Department instead; did not join as Junior Assistant).

 Rajesh Kumar (had already joined as Junior Assistant earlier in Education Department; his selection was wrongly considered again for the same post).

d) This resulted in vacancies remaining unfilled against the advertised posts of Junior Assistant under RBA category. The petitioner made several representations to the respondents for considering his case against the vacant posts, but no action was taken.

e) On 27.08.2019, the CEO Udhampur issued an order directing operation of the waiting list for filling up the posts under RBA category, but the petitioner’s case was still not considered. On 02.09.2019, a legal notice was also sent on behalf of the petitioner, but it remained unanswered. The petitioner contends that due to oversight and arbitrariness by the JKSSB and Education Department, his rightful claim for appointment was ignored.