Section 19 of the J&K Reservation Act, 2004, regarding the exercise of reservation benefits, is service-specific and does not impose a permanent disqualification from claiming reservation in a different category for a fresh recruitment process in an entirely separate service.

ORDER

Per: - Ram Mohan Johri, Administrative Member

1. The SWP No.2295/2017 & 1738/2017 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.6535/2021 & 6536/2021 respectively by the Registry of this Tribunal.

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

1) TA/6535/2021

A) Impugned Order dated 23- 8-2017 appointing Respondent no.2 be quashed to that extent.

B) direct appointment of Petitioner as Lecturer- Surgery in Govt. Medical College, Jammu and

C) may pass such other order as it may deem fit.

2) TA/6536/2021

A) CERTIORARI:

Quashing Notification No.41-PSC (DR-S) of 2017 dated 12-07-2017 qua the respondent No.4, whereby the respondent No.4 was shown selected as Lecturer (Surgery) in GMC, Jammu under RBA Category as the said selection is in violation of Section 19 of the Jammu and Kashmir Reservation Act, 2004 for the reason that respondent No.4 has already availed the benefit of ST category while taking admission for MBBS course, admission in MS Surgery and for appointment as Assistant Surgeon; and

B) MANDAMUS:

I. Commanding the respondent No.3 to recommend the name of the petitioner to respondent No.1 for the post of Lecturer (Surgery) in GMC Jammu under RBA Category as the petitioner is the only eligible/meritorious candidate belonging to RBA Category

II. Commanding the respondent No.1 to issue the appointment order in favour of the petitioner for the post of Lecturer (Surgery) in GMC Jammu under RBA Category.

III. Commanding the respondent No.3 to produce the entire records for the perusal of this Hon'ble Court.

C) PROHIBITION: -

Restraining the respondent No.1 not to issue appointment order in favour of the respondent No.4 to the post of Lecturer (Surgery) in GMC Jammu under RBA Category pursuant to impugned selection list dated 12-07-2017 till the final outcome of the above titled writ petition.

Prayer for grant of any other interim or final relief as may be deemed appropriate in the circumstances of the case.

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

a) The present Transfer Applications i.e., TA No. 6535/2021 and TA No. 6536/2021 arise out of SWP No. 2295/2017 and SWP No. 1738/2017, which were originally filed before the Hon’ble High Court of Jammu and Kashmir and subsequently transferred to this Tribunal for adjudication on merits.

b) The applicant, Dr. Sayeed Majid Malik, claims to be a permanent resident of Jammu and Kashmir and belongs to the Resident of Backward Area (RBA) category under the Jammu and Kashmir Reservation Act, 2004.

c) In the year 2011, respondent No. 4 (Dr. Talib Hussain) was appointed as Assistant Surgeon in the Health Department under the Scheduled Tribe (ST) category vide Government Order No. 592-HME of 2011 dated 28.10.2011. It is further pleaded that respondent No. 4 had earlier secured admission in MBBS and subsequently in MS Surgery also under the ST category.

d) Subsequently, the Health and Medical Education Department referred four posts of Lecturer (Surgery) in Government Medical College, Jammu, comprising three posts under Open Merit and one post under RBA category, to the Jammu and Kashmir Public Service Commission for selection.

e) Accordingly, the Public Service Commission issued Advertisement Notification No. 04-PSC (DR-P) of 2016 dated 24.02.2016, inviting applications from eligible candidates. The applicant applied under the RBA category and was later called for interview vide notice dated 22.06.2017. The applicant appear