CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 5123/2021 Reserved on: - 09.04.2025 Pronounced on: - 12.06.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Inderjeet Singh Age 39 years S/o Sh. Harbans Lal R/o 6/3, Rani Bagh, Satwari, Jammu.

…Petitioner (By Advocate: - Mr. Abhimanyu Sharma)

VERSUS

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

General Administrative Department, Civil Secretariat, Jammu/Srinagar.

2. J&K Service Selection Board, Zum Zum Building, Srinagar Through its Secretary.

3. Director School Education, Jammu.

4. Chief Education Officer, Jammu.

…Respondents (By Advocate: - Mr. Sudesh Magotra, AAG, Mr. Hunar Gupta, DAG)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP/WP(C) No. 2008/2016 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and was registered as T.A. No. 61/5123/2021 by the Registry of this Tribunal.

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

a) “allow the present writ petition;

b) command and direct the respondents, more particularly respondent No. 2 to declare the result of the petitioner, who applied for the post of Teacher, District Cadre, Jammu under Item No. 470 of Advertisement Notice No. 06 of 2013;

c) command and direct the respondent No. 2 to release the recommendation of the petitioner for the post of Teacher, District Cadre, Jammu, illegally withheld by the respondent No.

2 for want of clarification;

d) command and direct the respondent No. 4 to accept the recommendation of the petitioner for the post of Teacher, District Cadre, Jammu and consequently appoint the petitioner as Teacher, District Cadre, Jammu from the date other similarly situated persons figuring in selection list issued under Advertisement No. 06 of 2013 (Item No. 470) are appointed;

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 petitioner in his pleadings are as follows:

a) The petitioner is a citizen of India and a permanent resident of the erstwhile State of Jammu and Kashmir, and as such is entitled to all constitutional and statutory rights under Part III of the Constitution of India. The petitioner had applied for the post of Teacher, District Cadre, Jammu, under the Open Merit category pursuant to Advertisement Notification No. 06 of 2013 (Item No. 470) issued by Respondent No. 2.

b) Having possessed all the requisite qualifications, the petitioner participated in the selection process conducted by Respondent No. 2 under Roll No. 1070062500. Subsequently, a select list of candidates selected for the said post was issued, along with a waiting list of candidates under various categories, including the Open Merit (OM) category. The petitioner, despite performing well, did not find his name in the select list, which led him to file an application under the Right to Information Act (RTI) seeking information regarding the marks secured by him.

c) In response to the RTI application, the Public Information Officer (PIO) of Respondent No. 2 informed that the petitioner had secured 59.0899 marks. A perusal of the waiting list under OM category revealed that the candidate at Serial No. 3 had secured 59.1049 marks, and the candidate at Serial No. 5 had secured 59.0880 marks. The name against Serial No. 4 was kept vacant with the remark: “recommendation withheld for want of certain clarification.” Based on this, the petitioner inferred that he was the candidate at Serial No. 4, whose recommendation was withheld despite being more meritorious than the candidate at Serial No. 5.

d) The petitioner submitted a representation dated 19.02.2016 to Respondent No. 2 seeking release of his recommendation. However, no action was taken. A reminder notice dated 14.06.2016 was also sent, but remained unattended. Thereafter, Respondent No