CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 6460/2021 Reserved on: - 10.07.2025 Pronounced on: - 15.12.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

1. Arjun Kumar aged 27 years s/o Parveen Kumar r/o Purani, Poonch, ward no. 17, Poonch.

2. Sumit Kumar, aged 24 years s/o Bal Krishan r/o Nai Basti, ward no. 4.

Poonch.

3. Sonika aged 19 years d/o Rajesh Kumar r/o Purani, Poonch, ward no.

17, Poonch.

4. Rajni Devi aged 25 years d/o Ram Lal r/o Gulpur p/o Ajote, Poonch.

5. Sanjeev Kumar aged 22 years s/o Rajesh Kumar r/o Purani Poonch, ward no.17. Poonch.

6. Rakhi Gill aged 25 years d/o Shankar r/o Hospital, ward no. 2, Poonch.

7. Jyoti aged 30 years d/o Nazza Ram R/o Kamsar, ward no.2, Poonch.

8. Radhika aged 19 years d/o Jagdish Kumar r/o Kamsar ward no. 2.

Poonch.

9. Sandeep Sanotra aged 25 years s/o Romesh Lal r/o Mohalla, Nai Basti ward no. 4, H.No.35. Poonch.

10. Joginder Kumar aged 27 years s/o Vinod Kumar r/o Mohalla Nai Basti ward no.04, Poonch.

11. Sandeep age 18 years s/o Dev r/o Mohalla, Kamsar ward no. 2, Poonch.

12. Renu Devi aged 27 years w/o vinod Kumar r/o Mohalla Kamsar, ward no. 2 Poonch.

13. Sarika aged 34 years d/o Dharmoo Ram r/o Mohalla Kamsar ward no.02, Poonch.

…Applicants (Advocate: - Mr. RP Sharma)

Versus

1. State of J&K through Chief Secretary, Civil Secretariat, Jammu.

2. Secretary to Govt., Law Department, Civil Secretariat, Jammu.

3. Commissioner / Secretary to Govt. General Administration Department, Civil Secretariat, Jammu.

4. Commissioner / Secretary to Govt. Social Welfare Department, Civil Secretariat, Jammu.

5. Services Selection Board, State of J&K, Sehkari Bhawan Near Bahu Plaza, Jammu through its Chairman.

6. Director School Education, J&K Govt. Jammu.

…Respondent (Advocate:- Mr. Sudesh Magotra, ld. A.A.G., Mr. Rajesh Thapa, ld.

A.A.G.)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.787/2011 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.6460/2021 by the Registry of this Tribunal.

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

a) Issuance of an appropriate writ, direction or order of the nature of Certiorari to strike down the provisions of Section 13 (3) of J&K Civil Services Decentralization and Recruitment Act, 2010, Act No. XVI of 2010 dated 10 May, 2010, & Rule 13 (4 & 5) of the Rules issued vide SRO 375 dated 21.10.2010 in pursuance to Section 15 of the J&K Civil Services Decentralization and Recruitment Act, 2010 being discriminatory, violative of Article 14 & 16 and ultra virus the Constitution of India.

b) Issuance of an appropriate writ, direction or order of the nature of Certiorari to quash the notification of short listed candidates called for interview for the posts of Teacher District Cadre Poonch item No. 699 vide Advertisement Notice No. 07 of 2010 dated 12.11.2010 being illegally framed under provisions of The J&K Civil Services Decentralization and Recruitment Act, 2010 and J&K Civil Services Decentralization and Recruitment Rules issued under SRO-375;

c) Issuance of an appropriate writ, direction or order of the nature of Mandamus commanding the respondents to provide equal opportunity and privilege to the members of Scheduled caste category as has been provided to others like Open Merit Category, Schedule Tribes, Other Backward Classes for consideration of district and divisional cadre posts on the basis of residence of the particular District/Division and not to make any selection/ appointment against the 22 district cadre vacancies reserved for SC candidates under item code no.699 of Advertisement no. 07 of 2010 dated 12.11.2010 out of the select list of the SC candidates resident of districts other than Poonch district and to draw the merit list out of candidates resident of Poonch district only for the 22 reserved posts of Teachers of district cadre Poonch.

d) Any ot