CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 2492/2020 Reserved on: - 16.10.2025 Pronounced on: - 15.12.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

1. Taib Ahmed, Age 36 years, S/o Manawar Ahmed, R/o Kotle Kalaban, Tehsil and District Rajouri.

2. Irfan Qader, Age 30 years, S/o Mohammad Sadiq, R/o Kotli Kalaban, Tehsil and District Rajouri.

3. Sunita Kumari, Age 34 years, W/o Karan Kumar, R/o Village Dranga, Tehsil Bhaderwah, District Doda.

4. Raj Kumar Bhagat, Age 27 years, S/o Har Dev Bhagat, R/o Village Hakuna, Tehsil Thathri, District Doda.

5. Shabir Ahmed, Age 28 years, S/o Liaqat Ali, R/o Thuroo, Tehsil Thuroo, District Reasi.

6. Meenakshi Devi, Age 28 years, D/o Daya Krishan, R/o Village Nagni, Tehsil Bhaderwah, District Doda.

…Applicants (Advocate: - Faheem Shokat Butt)

Versus

1. State of Jammu and Kashmir through its Commissioner Secretary to Government Health Department, Civil Sectt. Jammu/Srinagar.

2. Director General, Indian System of Medicine, J&K Govt., Jammu/Srinagar.

3. J&K Service Selection Board, through its Secretary, Sehkari Bhawan, Near Bahu Plaza, Jammu.

…Respondents (Advocate:- Mr. Rajesh Thappa, DAG)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.130/2015 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.2492/2020 by the Registry of this Tribunal.

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

a) “MANDAMUS; (i) so as to command and direct respondent No. 3 to conduct the interview of petitioners for the post of Pharmacist in ISM department pursuant to Advertisement Notification No. 03 of 2012 dated 28.12.2012 and in view of their short listing for interview pursuant to screening/written test conducted by Selection Agency i.e. respondent No.3.

b) So as to command and direct the respondents to treat the Diplomas of pharmacists possessed by petitioners as equivalent to Diploma in Dawasaaz (Pharmacist) issued by the Department and recognized by J&K Govt.

c) CERTIORARI; so as to quash the eligibility clause of having one year Diploma in Dawasaaz (Pharmacist) issued by the Department as there were no recruitment Rules of ISM Non Gazetted Services and the Department should have prescribed the qualification laid down in sister concern Department i.e. Health and Medical which prescribed qualification of Matric and Diploma from SMF or any other recognized institutes but now vide Govt. Order No. 230-HME of 2013 dated 02.04.2013 the ISM Department has prescribed the qualification of Diploma in ISM Pharmacist training course recognized by J&K Govt.”

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

a) Vide advertisement Notification No.03 of 2012 dated

28.12.2012 the J&K Service Selection Board invited applications from eligible candidates for various posts under State, Divisional and District Cadre including the posts of Pharmacists in ISM Department (Health) for District Cadre Ramban, Rajouri and Reasi under Item Nos.412, 403 and 422 respectively. The prescribed qualification for the aforesaid post of Pharmacist as per advertisement was ‘matriculation with one year diploma in Dawasaaz issued by the Department’.

The break-up of post is as follows:-

Ramban [OM-03, RBA-01, SC-01, ST-01 = Total-06) [Item No.412]

Rajouri [OM-02, RBA-01, SC-01, ST-01 = Total-05) [Item No.403]

Reasi [OM-02, SC-01 = Total-03) [Item No.422]

b) The applicants besides having qualification of Matriculation also possess the requisite Diploma of ISM Pharmacist from various Institutions recognized by J&K Government and thus have applied for the aforesaid posts of Pharmacists under District Cadre Doda, Reasi, Ramban, Kathua and Rajouri in their respective categories.

c) The J&K Service Selection Board conducted objective type written test for shortlisting the candidates for interview and vide No.SSB/SEL/