CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 6485/2021 Reserved on: - 29.10.2025 Pronounced on: - 13.02.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Twinkle Sharma, Age 34 years, W/o Ashok Kumar, R/o Village Prithi Pur Tehsil & District Jammu. At Present R/o Village Smailpur, Near Baba Sandokh Nath Temple, Birpur, Bari Brahmna I/Complex, Tehsil & District Samba.

…Applicant (Advocate: - Mr. Vilakshana Singh Versus

1. STAE OF JAMMU & KASHMIR Through Commissioner/Secretary to Govt. School Education Department, Civil Secretariat, Jammu/Srinagar.

2. J&K SERVICE SELECTION BOARD Through its Secretary, Sehkari Bhawan, Railhead Complex, Jammu.

3. СНАIRMAN J&K Service Selection, Sehkari Bhawan, Railhead Complex, Jammu.

…Respondents (Advocate:- Mr. Rajesh Thappa, AAG, Mr. Sudershan Sharma ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.2249/2016 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.6485/2021 by the Registry of this Tribunal.

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

a) MANDAMUS, declaring Section 13(1) of the J&K Civil Services Decentralisation & Recruitment Act 2010, as ultravires the constitution more particularly Article 14 & 16 of the Constitution;

b) MANDAMUS Declaring the Section 13(4) of the J&K Civil Services Decentralisation and Recruitment Rules, 2010 as prospective in operation in regard to petitioner as she applied two times both before the amendment came into force, first from Samba and then from Jammu and was rejected on the basis of her residence both the times which is violative of fundamental rights and it was the lapse on the part of the respondents which eventuated her to apply from Jamти.

c) MANDAMUS, declaring Rule 13(3) of the J&K Civil Services Decentralisation and Recruitment Rules, 2010, as ultravires the constitution more particularly Article 14 & 16 of the Constitution, in view of the cantina of the judgements of the Apex Court;

d) MANDAMUS, Commanding and directing the respondent-

board to accept the candidature of petitioner irrespective of the district, in which the petitioner is residing at present; with further direction to respondent no. 2, to appoint the petitioner as Teacher in District Cadre Jammu vide notice no. SSB/Div./J/2016/658- 59 in pursuant to notification no. 03/05/06 0f 2013 under item no. 378 and accept his candidature from the Jammu or deemed to Samba and complete the selection process of the petitioner w.ef the date other candidates have been appointed pursuant to this notification.

e) MANDAMUS Declaring the rejection of the petitioner from the interview dated 13th April 2011 vide notification no.7 of 2010 as bad in law.

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.

2249/2016, which was originally filed before the Hon’ble High Court of Jammu & Kashmir and, upon transfer, came to be registered as T.A. No. 6485/2021 before this Tribunal. The applicant, Ms. Twinkle Sharma, is a permanent resident of the erstwhile State of Jammu & Kashmir and holds a valid Permanent Resident Certificate showing her parental residence in District Jammu. She claims entitlement to consideration for appointment to the post of Teacher under District Cadre selections conducted by the Jammu & Kashmir Services Selection Board (JKSSB).

b) It is the case of the applicant that she was married on

19.02.2009 to a resident of District Samba and, pursuant to her marriage, she initially started residing in District Samba. However, owing to matrimonial discord, she was compelled to reside intermittently at her parental home in District Jammu. The applicant asserts that despite these personal circumstances, her status as a permanent resident of District Jammu never stood altered or extinguished.

c) Purs