CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 136/2024 Reserved on: - 08.05.2025 Pronounced on: - 12.06.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Mohd. Kaif, Age 22 years, S/o Sajad Hussain R/o Badhool, Tehsil & District Rajouri.

…Petitioner (By Advocate: - Mr. N.D. Qazi)

VERSUS

1.Union Territory of Jammu and Kashmir Through Commissioner/Secretary to Gov Agriculture Department, Civil Secretariat, Jammu.

2. The Registrar (SKUAST), Sher-e-Kashmir University of Agriculture Sciences & Technology of Jammu.

3. Samiksha Sasan D/o Sh.Vijay Kumar R/o Rajouri.

…Respondents (By Advocate: - Mr. Anil Khajuria, Mr. F.A. Natnoo, Mr. Harmit Kumar Mehta)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP/WP(C) No. 153/2024 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and was registered as T.A. No. 61/136/2024 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court with following prayer:

a) “Certiorari for quashing the notification/provisional select list No.AUG/Secy 23-24/SLF-16/2376-78 dated 19-12-2023, so far as it pertains to the post of Technician (Forms/Lab) T-1 being in violation of the Govt. Order No.163-JK(SWD) of 2021 dated 05-11-2021 and Rights of persons With Disability Act. 2016 and terms and conditions of the Advertisement Notification No.09(Secy.) of 2023 dated 19-07-2023.

b) Writ of Mandamus commanding upon the respondents to strictly adhere the terms and conditions of Govt. Order No.163- JK (SWD) of 2021 dated 05-11-2021 and having regard J&K Reservations Rules of 2005 and Rights of persons With Disability Act, 2016 and terms and conditions of the Advertisement Notification No.09(Secy.) of 2023 dated 19-07- 2023 by virtue of which horizontal reservation for ex-

servicemen and physically challenged persons in terms of J&K Reservation Rules in vogue has been provided.

c) Writ of mandamus, further directing the respondents to earmark atleast one post of Technician (Forms/Lab) T-1 physically challenged /handicapped category in terms of notification dated 19-07-2023. Further to select /appoint the petitioner strictly under the category of physically /handicapped persons and to call the petitioner for document verification.

d) Further prayer seeking directions to the official respondents to implement the rights of persons with disability act 2016 in its true letter and spirits.

e) Any other writ, order or directions to which the petitioner is found entitle in the facts and circumstances of the case.

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

a) The petitioner is a domicile of the Union Territory of Jammu and Kashmir and a citizen of India, and hence seeks enforcement of his statutory and fundamental rights under Article 226 of the Constitution of India. The petitioner is aggrieved by the provisional select list issued by the Sher-e- Kashmir University of Agricultural Sciences and Technology (SKUAST), Jammu, vide Notification No. AUG/Secy.23- 24/SLF-16/2376-78 dated 19.12.2023, insofar as it pertains to the post of Technician (Forms/Lab) T-1. It is alleged that the impugned selection violates Government Order No. 163- JK(SWD) of 2021 dated 05.11.2021 and the Rights of Persons with Disabilities Act, 2016, and also breaches the terms and conditions of Advertisement Notification No. 09(Secy.) of 2023 dated 19.07.2023. The said advertisement notified 30 posts for Technician (Forms/Lab) T-1 across various categories, including horizontal reservation for physically challenged persons. However, in the impugned provisional select list, no such reservation appears to have been acted upon. The petitioner, being a physically challenged person with 45% permanent disability (post-infective avascular necrosis of the right femoral head with traumatic hemiparesis of the right lower limb), falls under the locomotor disability