CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 6609/2021 Reserved on: - 11.07.2025 Pronounced on: - 10.12.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Mohd. Araf Khan S/O Mohd. Shafi Khan R/O Dhargloon Tehsil Mendhar, District Poonch, age 41 years.

… Petitioner (Advocate: - Mr. Tariq Mughal)

Versus

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

2. Commissioner/Secretary to Technical Education Department Govt. of J&K, Civil Secretariat, Jammu.

3. Director General, Youth Services and Sports, Department, M.A.

Stadium Jammu.

4. Jammu and Kashmir State Services Selection Board, Board through its Chairman, Sehkari Bhawan, Rail Head Complex, Jammu.

5. Chairman, Jammu and Kashmir State Services Selection Board Sehkari Bhawan, Rail Head Complex, Jammu.

6. Secretary, Jammu and Kashmir State Services Selection Board, Sehkari Bhawan Rail Head Complex, Jammu.

7. Administrative Officer, Jammu and Kashmir State Service selection Board, 1-D/C Green Belt Park, Gandhi Nagar, Jammu.

8. Comissioner/Secretary to Government General Administration Department Civil Secretariat Jammu/Srinagar.

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

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.387/2012 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.6609/2021 by the Registry of this Tribunal.

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

a) “to quash Advertisement Notice No. 02 of 2011 dated 28th December 2011 to the extent by which the Service Selection Board has advertised one physical Education Teacher Post for District Cadre Baramulla under ALC category, by issuance of writ of Certiorari;

b) to issue directions to the respondents to consider the case of the petitioner for selection and appointment to the post of Physical Education Teacher District Cadre Baramulla in pursuance of Notification No. 01 of 2009 dated 24.01.2009, as the petitioner has been duly selected in the provisional select list at Sr. No. 1 under ALC category, by issuance of writ of mandamus;

c) to issue directions to the respondents restraining them to make any appointment against the post of Physical Education Teacher District Cadre Baramulla under ALC category, by issuance of writ of prohibition;

d) to declare the Advertisement Notice No. 02 of 2011 dated 28th December 2011 to the extent by which the Service Selection Board has advertised one physical Education Teacher Post for District Cadre Baramulla under ALC category, as ultra virus, unconstitutional, and contrary to the provision of law by issuance of writ of mandamus, AND e) Any other writ, order or directions as the Hon'ble Court may deem fit and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner and against the respondents with cost.”

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

a) The petitioner, Mohd. Araf Khan, a permanent resident of District Poonch belonging to the ALC category and possessing the qualification of 10+2 and C.P.Ed, applied pursuant to Advertisement Notice No. 01 of 2009 dated 24.01.2009 issued by the J&K Services Selection Board, whereby four posts of Physical Education Teacher in District Cadre Baramulla were notified, including one post reserved for the ALC category. The petitioner, being fully eligible, applied under the ALC category. A shortlisting notification was published in the State Times on 04.10.2009 and the petitioner’s name appeared at Serial No. 6 under the ALC category with B-Code 543318. The petitioner asserts that he was interviewed in October 2009 and performed well.

b) Subsequently, a provisional select list was published in Daily Excelsior on 18.03.2010 wherein the petitioner figured at Serial No. 1 under the ALC category for District C