CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 7387/2020 Reserved on: - 02.09.2025 Pronounced on: - 07.04.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

1. SUMAN LATA, Age 40 Yrs D/o Sh. Om Parkash W/o Sh. Raj Kumar R/o V.P.O Chohala Tehsil R.S Pura District Jammu

2. NIRMLA DEVI, Age 40 Yrs D/o Sh. Dass Ram W/o Sh. Rajesh Singh R/o Ban Sultan P.O Miran Sahib Tehsil R.S Pura District Jammu …Applicants (Advocate: - Mr. Narinder Kumar Attri)

Versus

1. State of J&K through Commissioner-Cum Secretary Department of School Education, Civil Secretariat Jammu/Srinagar.

2. Commissioner Cum Secertary, Department of School Education Government of Jammu and Kashmir Civil Secretariat, Jammu/Srinagar.

3. Director School Education, Jammu 4. Chief Education Officer Udhampur

5. Service Selection Recruitment Board through its Chairman Sehkari Bhawan Bahu Plaza Jammu

6. Commissioner cum Secretary General Administrating Department of J&K Government Civil Secretariat, Jammu/Srinagar.

…Respondent (Advocate:- Mr. Rajesh Thapa, ld. AAG, Mr. Sudesh Magotra, ld.

AAG)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.2417/2018 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.7387/2020 by the Registry of this Tribunal.

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

a) It is therefore most humbly prayed that a writ, order or direction most precisely in the nature of Certiorari may kindly be issued to quash the order dated 25.07.2018 passed by respondent no. 1 has rejecting the case of the petitioners for selection and appointment against the post of teacher under SC Category District Cadre Udhampur advertised vide Item No.

703, of the Notification No. 7/2010 dated 12.11.2010.

b) Further writ, order or direction in the nature of the mandamus may kindly be issued directing the official respondents to redraw the merit of the selection and appoint the petitioner being in the order of the merit list prepared by the Service Selection Board pursuant to the advertisement notification stated supra by redrawing the merit of the selection.

c) Any other writ, order or direction which this Hon'ble Court deems fit and proper in the facts and circumstances of the case may kindly be issued in favour of the petitioner in the interest of Justice.

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.

2417/2018 which was initially filed before the Hon’ble High Court of Jammu and Kashmir and subsequently transferred to this Tribunal. The applicants challenge the order dated 25.07.2018 whereby their claim for selection and appointment to the post of Teacher under Scheduled Caste category in District Cadre Udhampur, advertised vide Notification No. 07 of 2010 dated 12.11.2010 (Item Code 703), was rejected.

b) The applicants are permanent residents of the erstwhile State of Jammu and Kashmir and belong to the Scheduled Caste category. Applicant No. 1 possesses the qualification of M.A. (Hindi) obtained in 2007 and B.Ed. obtained in 2009 from the University of Jammu, while Applicant No. 2 holds the qualification of M.A. (Political Science) obtained in 2004 and B.Ed. obtained in 2005 from the same University.

c) In terms of Advertisement Notification No. 07 of 2010 dated

12.11.2010, the recruiting agency invited applications for various posts including 19 posts of Teacher under the Scheduled Caste category for District Cadre Udhampur. Being eligible, both applicants applied and participated in the selection process conducted by the Service Selection Recruitment Board.

d) Upon completion of the selection process, a select list of 19 candidates along with a waiting list was issued. It is the case of the applicants that a substantial number of selected candidates did not join the posts. Cons