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:: 1 :: TA 7051/2020 & 7391/2020

CENTRAL ADMINISTRATIVE TRIBUNAL

JAMMU BENCH, JAMMU

(RESERVED)

Hearing through video conferencing

Transfer Application No. 7051/2020 & 7391/2020

Reserved on: - 15.07.2025

Pronounced on: - 27.02.2026

HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

1. TA/7051/2020

1. Chetandeep Kaur, aged 35 years, W/O S. Harpal Singh, R/O Near

Sant Ashram, Digiana, Jammu.

.…Applicant

(Advocate: - Mr. Rajesh Bhushan, Mr. Pranav Kohli)

Versus

1. State of Jammu & Kashmir through Commissioner-cum-Secretary to

Government, Education Department, Civil Secretariat, Jammu.

2. Director, School Education Department, Jammu.

3. Chief Education Officer, Jammu.

4. J&K Services Selection Board, Through its Secretary, Sehkari

Bhawan, Panama Chowrk, Jammu

…Respondents

(Advocate:- Mr. Sudesh Magotra, ld. AAG)

2. TA/7391/2020

HARSHIT Digitally signed by

YADAV HARSHIT YADAV

:: 2 :: TA 7051/2020 & 7391/2020

Alka Jamwal (Aged 33 years) W/o Mr. Yuvraj Singh R/o F-217, Hari

Singh Nagar, Rehari Colony, Jammu (Tawi).

.…Applicant

(Advocate: - Mr. Rajesh Bhushan, Mr. Pranav Kohli)

VERSUS

1. The State of Jammu and Kashmir, through its Commissioner-cum-

Secretary, Department of Education, Government of Jammu and

Kashmir, Civil Secretariat, Srinagar (J&K).

2. Commissioner/Secretary, General Administration Department,

Government of Jammu and Kashmir, Civil Secretariat, Srinagar

(Tawi).

3. Director School Education, Jammu

4. Chief Education Officer, Jammu.

5. J&K Services Selection Board, Zam Zam Building, Rambagh,

Srinagar through its Chairman.

6. Secretary, The J&K Services Selection Board, Zam Zam Building,

Rambagh, Srinagar.

…Respondents

(Advocate:- Mr. Sudesh Magotra, ld. AAG)

HARSHIT Digitally signed by

YADAV HARSHIT YADAV

:: 3 :: TA 7051/2020 & 7391/2020

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.1221/2017 &176/2016 was transferred from the Hon’ble

High Court of Jammu & Kashmir at Jammu and was registered as T.A

No.7051/2020 & 7391/2020 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court seeking

following relief: -

1. TA/7051/2020

a. “Writ of Mandamus commanding upon the Respondents to

issue appointment for the petitioner for the post of Teacher

pursuant to the advertisement notification No. 06/2013 dated

10.05.2013 under Open Merit Category for District Cadre,

Jammu vide item No. 470.

b. Certiorari seeking quashment of the notification bearing No.

DIP/J-801 dated 08.05.2017 whereby the petitioner's

candidature has been rejected on account of alleged want of

residential District clarification.

c. Mandamus commanding the Respondents to keep one Post of

Teacher reserved under Open Merit Category in District

Cadre, Jammu.

d. Any other relief which this Hon'ble Court may deem fit and

proper in the facts and circumstances of the case may also be

granted in favour of the petitioner and against the respondents

along with cost of the petition.

2. TA/7391/2020

HARSHIT Digitally signed by

YADAV HARSHIT YADAV

:: 4 :: TA 7051/2020 & 7391/2020

a. allow the present writ petition.

b. issue writ, order or direction in the nature of writ of certiorari

quashing Section 13 (1 to 3) of the J&K Civil Services

Decentralization and Recruitment Act, 2010.

c. issue writ, order or direction in the nature of writ of certiorari

quashing consideration order i.e. order No.305 SSB of 2015

dated 08-07-2015 whereby the case of the petitioner was

rejected on the ground that the selection has been made prior to

amendment as such, the case of the petitioner was not covered

under the amended provision.

d. issue writ, order or direction in the nature of writ of for

mandamus commanding the Respondents No.5 and 6 to

recommend the case of the petitioner appointment as a Teacher

in the Department of Education of J&K Government in the

District Cadre of Jammu to the respondent No.1, 3 and 4 and

direct the respondent No.1, 3 and 4 to issue appointment order

in favour of the petitioner for the post of Teacher in the

Department of Educ