CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 123/2020 Reserved on: - 22.09.2025 Pronounced on: - 11.12.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

1. Dilbir Singh Age 32 years S/o Sh. Kapoor Singh R/o Village Mundhar, Kashtigarh (Doda).

2. Aubid Hussain Parrey Age 30 years S/o Mohd. Akbar Parrey R/o At present C/O H. No. 42, Village tangar Tehsil Rajgarh, District Ramban;

3. Irfan Ramzan Reshi Age 29 years S/o Mohd. Ramzan Reshi R/o At present C/O H. No. 42, Village tangar Tehsil Rajgarh, District Ramban;

…Applicants (Advocate: - Mr. Abhimanyu Sharma)

Versus

1. State of J&K Through Commissioner/Secretary to J&K Govt.

Higher Education Department, Civil Secretariat, Jammu.

2. J&K Public Service Commission, Through its Secretary, Resham Ghar Colony, Jammu.

3. Secretary, J&K Public Service Commission, Resham Ghar Colony, Jammu.

.…Respondents (Advocate:- Mr. Rajesh Thapa, Ld. AAG, Mr. F.A Natnoo, Ld. Counsel for JKPSC)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No. 262/2019 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.

123/2020 by the Registry of this Tribunal.

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

a) allow the present writ petition;

b) quash Select List for the post of Physical Training Instructor, in Higher Education Department issued vide Notice No. 36-PSC (DR-S) of 2018 dated 27.07.2018, pursuant to advertisement Notification No. 18 PSC(DR- P) of 2016 dated 13.12.2016, to the extent, only 12 posts out a total of 15 under RBA category have been filled and 03 posts left vacant and petitioner not selected, despite high merit of the petitioners at 42.95, 42.35 and 41.24 respectively;

c) command and direct the respondents to select the petitioners against the three posts left unfilled under RBA category, and recommend the names of the petitioners for appointment as Physical Training instructor in Higher Education Department pursuant to advertisement No. 18 PSC(DR-P) of 2016 dated

13.12.2016;

d) restrain the respondents from subjecting the three remaining vacant posts of Physical Training Instructors in Higher Education Department, to fresh Advertisement or in the alternative three posts under RBA category, which have been left unfilled be kept reserved.

e) 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 petitioners in their pleadings are as follows:-

a) The applicants are permanent residents of Jammu & Kashmir and possess the requisite qualification of M.P.Ed along with State Eligibility Test (SET). They applied for the post of Physical Training Instructor (PTI) in the Higher Education Department pursuant to Advertisement Notification No. 18- PSC(DR-P) of 2016 dated 13.12.2016, which invited applications for 74 posts, including 15 posts under RBA category.

b) The prescribed qualifications included Master’s Degree in Physical Education/Sports Science with required percentage, participation in sports events, NET/SLET/SET qualification, and physical fitness test. The applicants fulfilled all these conditions and applied under the RBA category.

c) The PSC subsequently issued Notification No. 07-PSC(DR) of

2017 dated 19.07.2017, prescribing a 100-point assessment scheme exclusively through interview, covering academic merit, publications, sports participation, coaching, experience, gold medal, NCC, co-curricular activities, demonstration and viva voce. A total of 307 candidates applied, out of whom 140 were called for interview, and additional candidates were included as per court directions. Interviews were held between

26.06.2018 and 29.06.2018.

d) After the interview, the PSC published the merit list and the select list vide Notification No. 36-PSC(DR-S) of 2018 dated 27.07.2018. Under the RBA c