Rule 3 of SRO-349/1998 mandates that sportspersons with higher academic qualifications must be considered for corresponding higher non-gazetted posts; failure to ensure parity with similarly situated candidates in the exercise of this rule constitutes arbitrary discrimination violative of Article 14 of the Constitution.

ORDER

Per: - Ram Mohan Johri, Administrative Member

1. The SWP No.2915/2017 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.5682/2020 by the Registry of this Tribunal.

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

a) Writ of mandamus commanding "upon the respondents to appoint the petitioner in true spirit of SRO 349/1998 to a higher grade as had been done in case of other selectees who were similarly situated.

b) Writ of mandamus declaring the SRO 349/1998 as ultra vires to the constitution to the extent section in particular doesn't provide any method er procedure how to exhaust the selected candidates who are equal in terms of section 3 of SRO for providing them sppomitments in different pay scales Pithout following the constitutional mandate.

c) Writ of Certiorari quashing the impugned Govt. order no. 953-GAD of 2017 dated 24/07/2017 by which the case of the petitioner was denied to appoint the petitioner in true spirit of BRO 349/1998 to a higher grade us had been done in case of other selectees who was similarly situated and in terms of Hon'ble High Court order in SWP No. 697/2017 titled Owasis Mehdi Mir v/ State and others dated 23/03/2017.

d) Any other relief, order or directions which this Hon’ble Court may deem fit and proper under the facts and circumstances of the case may also be passed in favour of the petitioner.

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

a) The present Transfer Application arises out of SWP No. 2915/2017 which was filed before the Hon’ble High Court of Jammu and Kashmir and subsequently transferred to this Tribunal. The applicant, an outstanding sportsperson and a Post-Graduate in Science (Geology), seeks appointment to a higher non-gazetted post under the provisions of the Jammu and Kashmir Appointment of Outstanding Sports Persons Rules, 1998 (SRO-349 of 1998).

b) The case of the applicant is that he represented the Union Territory in various State, National and Inter-Zonal handball competitions and secured notable achievements including winning a gold medal. Being a post-graduate, he claimed eligibility for consideration against a higher non-gazetted post in terms of the proviso to Rule 3 of SRO-349/1998, which provides that candidates possessing graduation or higher qualification may be considered for appointment to higher non-gazetted posts.

c) It is pleaded that a Selection Committee constituted under the said Rules held a meeting on 29.02.2016 wherein the names of eligible sportspersons were considered. The applicant was placed at Serial No. 29 in the list and was recommended for appointment to the posts of Geological Assistant in the Geology and Mining Department or General Line Teacher (Higher Grade) in the School Education Department commensurate with his qualification.

d) Subsequently, the General Administration Department sought identification of vacancies from the concerned departments. While the School Education Department reported availability of a post of General Line Teacher in District Budgam, the Industries and Commerce Department communicated that no vacancy of Geological Assistant was available. Consequently, the applicant was appointed as General Line Teacher (Higher Grade) vide Government Order dated 14.02.2017 in the pay scale of Rs. 5200-20200 with Grade Pay of Rs. 2800.

e) The applicant ac