CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 3068/2020 & OA 356/2022 Reserved on: - 25.09.2025 Pronounced on: - 12.03.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

1. TA/3068/2020 Ashish Kumar Sharma Aged 34 yrs, Son of Sh. Om Parkash R/o Ward n.3, Sunderbani, Near Girls Higher Secondary School, Sunderbani District Rajouri.

…Applicant (Advocate: - Mr. Waheed Choudhary)

Versus

1. State of Jammu & Kashmir, Through Commissioner/Secretary, Higher Education Department, Civil Secretariat, Jammu.

2. J&K Public Service Commission, Rehsam Ghar Colony, Bakshi Nagar Jammu through its Secretary.

3. Chairman, J&K Public Service Commission, Rehsam Ghar Colony, Bakshi Nagar Jammu.

…Respondents (Advocate:- Ms. Rajesh Thappa, AAG, Mr. Sudesh Magotra, AAG, Mr. F A Natnoo)

4. OA/356/2022 Dr. Ashish Kumar Sharma, Age 37 years S/o Sh. Om Parkash, R/o Ward No. 3 Sundarbani, Near Girls Higher Secondary School, Sunderbani District Rajouri.

…Applicant (Advocate: - Mr. Waheed Choudhary)

Versus

1. UT of Jammu and Kashmir, Through Commissioner/Secretary General Administrative Department, Civil Secretariat Jammu. 180001

2. J&K Public Service Commission Through its Secretary Resham Ghar Colony Bakshi Nagar, Jammu. 180001

3. Chairman J&K Public Service Commission Resham Ghar Colony, Bakshi Nagar Jammu.180001

4. Additional Secretary General Administrative Department Civil Secretariat Jammu.

5. Under Secretary General Administrative Department, Civil Secretariat Jammu. 180001.

…Respondents (Advocate:- Ms. Rajesh Thappa, AAG, Mr. Sudesh Magotra, AAG, Mr. F A Natnoo)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.574/2019 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.3068/2020 & 356/2022 respectively by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court seeking following relief: - 1. TA/3068/2020 In view of the submissions made herein above and those to be urged at the time of hearing, it is most respectfully praved that the Hon'ble Court may very graciously be pleased to allow the present petition by granting the following reliefs in favour of the petitioner and against the respondents with costs in the interest of justice:

(a) An appropriate writ, order or direction in the nature of writ of mandamus commanding the respondents 2 and 3 to declare the petitioner as selected to the post of Assistant Professor, Applied Math under open merit category against available vacancy in reference to notification no. 10-PSC (DR-P) of 2017 dated 27.10.2017 by re-calculating/awarding the marks/ points earmarked for Research and Publications by taking into consideration 09 publications of the petitioner which stand duly approved by the UGC and submitted before the Interview Panel at the time of interview but could not be considered in the process of selection/interview, (b) An appropriate writ, order or direction in the nature of writ of mandamus commanding the respondents 2 to 3 to recommend the name of the petitioner after declaring him selected to the post of Assistant Professor, Applied Math under open merit category in reference to notification no. 10-PSC (DR-P) of 2017 dated 27.10.2017 and to direct the respondent no.1 to issue appointment order in favour of the petitioner against available vacancy.

(c) Any appropriate writ, order or direction in the nature of writ of prohibition restraining the respondents from re- advertising two posts of Assistant Professor, Applied Math under open merit category till the case of the petitioner is considered and decided.

(d) Any other relief, which this Hon'ble Court in the facts and circumstances of the case deems fit and proper.

2. TA/356/2022 That in view of the aforementioned facts and the grounds, the applicant humbly and respectfully pray for the following reliefs:-

a. To quashment of order no. GAD-MTGORBIV/200/2021-09-