CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 2860/2020 Reserved on: - 19.12.2025 Pronounced on: - 16.03.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

1. Devinder Singh, Age 35 yrs S/O Sh.Raj Singh R/O Narian Tehsil Nowshera, Distt. Rajouri

2. Satvir Singh, Age 28 yrs S/O Sh/.Hukam Singh R/O Village Raipur Kamila Tehsil Quila Darhal, Distt. Rajouri

3. Vijay Kumar, Age31 Yrs S/O Sh.Mool Chand Bhagat R/O Vill.

Chakrbati Tehsil Bhalla Distt, Doda.

…Applicants (Advocate: - Mr. K.K Pangtra)

Versus

1. State of Jammu & Kashmir Through Secretary School Education Department New Secretariate, Jammu.

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

…Respondents (Advocate:- Mr. Sudesh Magotra, Ld. AAG, Mr. Rajesh Thappa, AAG)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.540/2019 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.2860/2020 by the Registry of this Tribunal.

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

It is therefore humbly prayed that the select lists Annexure P-1 may please be quashed and respondents may kindly be directed to prepare afresh the select list keeping in view the clause 11 of the advertisement notice and the Hon'ble court may grant such other relief as it may deem fit.

3. The facts of the case as pleaded by the petitioners in their pleadings are as follows: -

a) The present Transfer Application arises out of SWP No.

540/2019 which was originally filed before the Hon’ble High Court of Jammu & Kashmir at Jammu and was later transferred to this Tribunal where it was registered as T.A. No. 2860/2020.

b) The applicants, namely Devinder Singh, Satvir Singh and Vijay Kumar, claim to be permanent residents of the Union Territory of Jammu and Kashmir belonging to the Scheduled Caste category and possessing the requisite educational qualifications including graduation in Urdu and B.Ed. qualification. They assert that they are eligible for appointment to the post of Urdu Teacher and are entitled to equal opportunity in public employment under the Constitution of India.

c) The Jammu and Kashmir Services Selection Board (JKSSB)

issued Advertisement Notification No. 06/2017/29 to 06/2017/42 dated 28.12.2017 inviting applications for filling up 214 posts of Urdu Teachers in different district cadres of the State. The applicants, being eligible and belonging to the Scheduled Caste category, submitted their applications for selection against the advertised posts in different districts.

d) After scrutiny of applications, the respondents issued a provisional shortlist vide communication dated 03.07.2018, in which the applicants also figured. The applicants, therefore, expected that the final selection would be prepared strictly in accordance with the conditions prescribed in the advertisement notice.

e) Subsequently, the respondents issued the final select lists for various districts including Srinagar, Anantnag, Ganderbal, Bandipora, Pulwama, Baramulla and Shopian. The applicants contend that the said select lists were prepared arbitrarily and in violation of the terms of the advertisement notice, particularly Clause 11 which provided that after the closing of applications the Board would seek preferences from candidates who had applied for multiple advertisements in order to avoid repetition of candidates in different select lists.

f) According to the applicants, while preparing the final select lists the respondents failed to adhere to the preference clause contained in the advertisement notice. As a result, several candidates belonging to the Scheduled Caste category appeared in the select lists of multiple districts simultaneously. The applicants have cited instances where certain candidates were included in more than one district select list, such as candid