ORDER

Per: - Ram Mohan Johri, Administrative Member

1. The SWP No.3029/2017 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.3519/2020 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 respectfully prayed that keeping in view the submissions made hereinabove and those to be urged at the time of hearing, the Hon’ble Court may very kindly be pleased to issue an appropriate writ, order or direction including in the nature of: -

CERTIORARI: -

b) Quashing order No.GAD/Mtg/ Sports/02/2013 dated 14-12-2016 issued by office of respondent No.1 whereby the representation of the petitioner dated 06-01-2016 was rejected illegally, arbitrarily and the same is in violation of Article 14 and Article 16 of the Constitution of India.

MANDAMUS:

c) Commanding 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.

d) Any other relief, order or direction 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. 3029/2017, which was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu to this Tribunal and registered as T.A. No. 3519/2020.

b) The applicant, Romit Kumar, claims to be an outstanding sportsperson within the meaning of the Jammu and Kashmir Appointment of Outstanding Sports Persons Rules, 1998, notified vide SRO 349 of 1998 and amended vide SRO 376 of 2004. The applicant possesses the qualification of BCA along with Diploma in Business Management. He has participated in State, Inter-Zonal and National level sports events and secured second position in the 16^th Senior National Wushu Championship held at Godwin Public School, Meerut, Uttar Pradesh, from 24.01.2008 to 29.01.2008.

c) The applicant was included in the list of eligible outstanding sportspersons and was shown at Serial No. 22 in the notification dated 08.01.2013, published in the newspaper on 10.01.2013. On the basis of his sports achievement and educational qualification, his case was considered by the respondents under SRO 349 of 1998 read with SRO 376 of 2004.

d) The applicant was recommended and thereafter appointed as Teacher in the School Education Department, District Cadre Jammu, in the pay scale of Rs. 5200-20200 with Grade Pay of Rs. 2800/-, vide Government Order No. 1110-GAD of 2014 dated 24.10.2014. According to the applicant, though he accepted the said appointment and joined as Teacher, his grievance is that he ought to have been appointed against a higher non-gazetted post in some other department, as had allegedly been done in the case of similarly situated outstanding sportspersons.

e) The applicant has pleaded that Rule 2 of SRO 349 of 1998 provides that persons possessing 10+2 qualification may be considered for appointment against non-gazetted service, persons possessing lesser qualification may be considered for Class-IV posts, and persons possessing graduation or above may be considered for appointment against a higher post in non-gazetted service, provided they are otherwise eligible under the relevant recruitment rules and possess the certificate of outstanding sportsperson issued by the Secretary, J&K Sports Council.

f) The applicant submits that the object of SRO 349 of 1998 is to provide preferential appointment to outstanding sportspersons commensurate with their educational qualification and sports achievements. According to him, being a graduate and having additional qualification, he was entitled to consideration for a higher non-gazetted post and not merely the post of Teacher.

g) The applicant has placed reliance on various instances where, according to him, oth