CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 8371/2021 Reserved on: - 21.07.2025 Pronounced on: -15.12.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Suresh Kumar, age 43 years S/O Sh. Ram Parkash R/O Village Saltori, Tehsil Haveli District Poonch.

…Petitioner (Advocate: - Mr. Sudershan Sharma)

Versus

1. State of J&K through Commissioner/Secretary, Youth Services &

Sports Department, J&K Govt., Civil Sectt., Jammu/Srinagar.

2. Director General, Youth Services & Sports, Wazir Bagh, Srinagar.

3. District Youth Services & Sports Officer, Poonch.

…Respondents (Advocate: - Mr. Rajesh Thapa, Ld. AAG)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.2323/2015 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.8371/2021 by the Registry of this Tribunal.

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

a) “For issuance of an appropriate writ, order or direction, in the nature of writ of certiorari whereby quashing the Communication No.DYSS/Estt/2567 dated 14.8.2013 issued by respondent No.2, addressed to respondent the No.1, by virtue of which, he has rejected the d the of th petitioner for appointment as Physical Education Teacher, District Cadre Poonch, as the same is arbitrary, discriminatory and as much as the violation of the fundamental rights of the petitioner as guaranteed under Article 14 & 16 of the Constitution of India.

b) For issuance of an appropriate writ, order or direction, in the nature of writ of mandamus whereby commanding upon the respondents to appoint the petitioner as Physical Education Teacher in District Cadre Poonch by operating the Waiting List recommended by J&K SSRRB, on the same analogy as has been adopted in the case of some similarly situated candidates.

c) Any other writ, order or direction which ther Hon'ble court may deem fit and proper under the circumstances of the case may also be issued in favour of the petitioner as against the respondents.”

3. The facts of the case as pleaded by the petitioner in his pleadings are as follows: -

a) The petitioner, Suresh Kumar, is a permanent resident of the erstwhile State of Jammu and Kashmir and a citizen of India. He possesses the qualification of Matriculation along with a Certificate Course in Physical Education in First Division. Pursuant to Advertisement Notification No. 03 of 2006 dated 28.12.2006 and Advertisement Notification No. 06 of 2008 dated 28.05.2008 issued by the Jammu and Kashmir Services Selection Board (JKSSB), the petitioner applied for selection to the post of Physical Education Teacher under the Open Merit category for District Cadre Poonch.

b) Upon culmination of the selection process, JKSSB issued a select list in which 62 candidates were selected under the Open Merit category. The petitioner did not figure in the main select list but was placed at Serial No. 11 in the waiting list. Initially, 42 candidates from the Open Merit category were appointed. Thereafter, owing to non-fulfilment of eligibility conditions by some candidates and non-joining by others, the waiting list was partially operated and six candidates were appointed from the wait panel.

c) Subsequently, due to further non-joining, additional vacancies arose, leading to further operation of the waiting list. Vide Government Order No. 138-Edu (Tech) of 2012 dated 14.08.2012, three candidates namely Indu Dutta, Iqbal Kour and Joginder Singh, who were placed at Serial Nos. 7, 9 and 10 of the waiting list, were appointed. According to the petitioner, after these appointments, one post still remained vacant due to non-joining of Harvinder Singh, who was placed at Serial No. 8 of the waiting list and had allegedly sworn an affidavit expressing his unwillingness to join.

d) Claiming that after such developments he became next in order of merit, the petitioner submitted represe