CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 234/2025 Reserved on: - 28.07.2025 Pronounced on: - 15.12.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Deepika Bali aged 23 years D/O Sh. Devinder Bali R/O Village Bainch Tehsil Haveli Distt. Poonch.

…Applicant (Advocate: - Mr. Dhiraj Choudhary)

Versus

1. State of J&K through Commissioner to Govt. School Education Department Civil Sectt. Sri Nagar.

2. Director School Education, Jammu.

3. Chief Education Officer, Poonch.

4. Deputy Commissioner, Poonch.

5. Pawandeep Singh S/O Sh. Raghubir Singh R/O H.No.176, W.No.17 Mohalla-Khakanaban Tehsil & Distt. Poonch.

…Respondents (Advocate:- Mr. Sudesh Magotra, ld. A.A.G., Mr. Sudershan Sharma)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.1238/2014 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.234/2025 by the Registry of this Tribunal.

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

a) An appropriate writ, order or direction more particularly a writ of Certiorari where by quashing the order no. CE.O./P/Estt/25685-88 dated 06-01-14 passed by the C.E.O. Poonch by way of which the respondent no.5 has been appointed as "Laboratory Attendant", under RMSA scheme under ALC category, in Govt. High School Uchhad, Poonch.

b) An appropriate writ, order or direction more particularly a writ of Certiorari whereby quashing the select list issued by the respondent no.3 to the extent it selects the respondent no.5 as "Laboratory Attendant" under RMSA scheme, under ALC category, in Govt. High School Uchhad, Poonch.

c) An appropriate writ, order or direction more particularly a writ of mandamus whereby commanding the official respondent to appoint the petitioner as "Laboratory Attendant" under RMSA scheme under ALC category in Govt. High School Uchhad, Poonch w.e.f 06-01-2014, being the only eligible candidate under rules along with all consequential benefits.

d) Or for issuance of any other writ order or direction what so ever the Hon’ble Court may deem fit and proper under the facts &

circumstances of the case.”

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

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

1238/2014 which was originally filed before the Hon’ble High Court of Jammu & Kashmir at Jammu and, upon transfer, has been registered as T.A. No. 234/2025 before this Tribunal. The applicant approached the Court challenging the selection and appointment of respondent no.5 as Laboratory Attendant under the ALC category in Government High School Uchhad, District Poonch.

b) The case of the applicant is that the Chief Education Officer, Poonch issued Advertisement Notification No. 14563-66 dated 26.09.2013 inviting applications for the post of Laboratory Attendant under various reserved categories. As per the advertisement, twelve posts were notified, including one post reserved for ALC category. The applicant, claiming to be a resident of an area adjoining the Actual Line of Control and otherwise eligible, applied for the said post under the ALC category.

c) After completion of the selection process, a provisional merit list was issued in which the applicant figured in the merit list. Thereafter, the final select list was issued vide communication dated 30.12.2013, which was published in a daily newspaper on 01.01.2014. In the said final list, respondent no.5 was selected under the ALC category, whereas the applicant was placed at Serial No.1 in the waiting list under the same category. Subsequently, respondent no.5 was appointed as Laboratory Attendant vide order dated 06.01.2014 and was posted at Government High School Uchhad, Poonch.

d) The grievance of the applicant is that respondent no.5 was not eligible for consideration under the ALC category and that his selection and appointment were secur