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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

WP (C) No. 2849/2019

Reserved on: 24.12.2025

Pronounced on: 30.12.2025

Uploaded on: 30.12.2025

Whether the operative part or full

judgment is pronounced: FULL

Balwinder Kumar, Age 42 years

S/o Sham Lal

R/o Village Gudwal, P.O Vijaypur

…Petitioner(s)/Appellant(s)

Tehsil Vijaypur District Samba.

Through: Mr. Mohammad Ashraf Wani, Adv.

Vs.

1. The State of J&K Through its

Commissioner/Secretary to Govt.

...Respondent(s)

Deptt. of Law, Justice and Parliamentary Affairs

Civil Secretariat Srinagar/ Jammu.

2. Secretary to Govt. of J&K

Social Welfare Department,

Civil Secretariat, Srinagar/Jammu.

3. The High court of Jammu and Kashmir

Through its Registrar General, Srinagar/Jammu.

4. The Principal Secretary to Hon’ble Chief Justice

High Court of Jammu and Kashmir.

Chief Justice’s Secretariat, Srinagar/Jammu.

5. The Principal District & Sessions Judge, Baramula,

(Chairman Interview committee for Class-IV of

District Baramulla)

Through: Mr. Aatir Javed Kawoosa, Adv.

CORAM:

HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE

HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE

J U D G M E N T

Per Sanjeev Kumar, J

1. In this petition filed under Article 226 of Constitution of India, the

petitioner seeks following directions:-

i. Commanding and directing the respondents to

amend/clarify rule 11 and 12 of Jammu and Kashmir

Ministerial staff of Subordinates court service, so that

WP (C) No. 2849/2019 Page 1 of 9

Mohd Altaf Nima

I attest to the accuracy

and authenticity of this

document

30.12.2025

same may be read as inconsonance with Rule-5 of J&K

Reservation Rules 2005 dated 21.10.2005 issued vide

SRO-294 dated 21.10.2005.

ii. Commanding and directing the respondents to amend

Clause-I (I) (A) of advertisement notice no. 01 of 2019

dated 10.01.2019 issued by respondent no. 4 for filling

District cadre post of Orderly in District Baramulla.

iii. Commanding and directing the respondents to allow the

petitioner to participate in the process of selection for the

post of Orderly in District cadre Baramulla as petitioner

was shortlisted for interview/viva voce and his name was

figured at serial no. 623.

iv. Commanding and directing the respondents to select and

appoint the petitioner against the post of Orderly under

schedule cast category in District cadre Baramulla

figuring at serial no. 31 of Annexure-A to the

advertisement notice no. 01 of 2019 dated 10.01.2019 as

the petitioner has applied for the same and has been

shortlisted for interview/viva voce for the said post.

BRIEF FACTS.

2. Vide advertisement notification No. 01 of 2019 dated 10th of January

2019, the High Court of Jammu and Kashmir (Chief Justice’s Secretariat)

invited online applications from eligible candidates for participating in the

selection process for various posts borne on Divisional and District cadres of

District judiciary of Jammu and Kashmir. The notified vacancies included

nine posts of Orderly borne on District cadre Baramulla with the category

wise breakup as under:-

OM 5

RBA 2

SC 1

ST 1

3. The petitioner being a candidate belonging to SC Category and

possessing the eligibility qualification of matriculation submitted his online

application for the post of Orderly in District Baramulla against the lone post

earmarked for SC Category. The respondent in his application clearly

disclosed his permanent residence in District Samba. The petitioner was

WP (C) No. 2849/2019 Page 2 of 9

Mohd Altaf Nima

I attest to the accuracy

and authenticity of this

document

30.12.2025

amongst the candidates shortlisted for viva voce. The name of the petitioner

figured at serial No. 623 in the shortlist of candidates selected for interview

for the post of Orderly (Class IV) in District Baramulla. The interview of the

petitioner was scheduled to be held in the office of respondent No. 5 i.e.,

Principal District and Session Judge Baramulla on 16th of July 2019. The

petitioner responded to call for interview and appeared before respondent

No. 5 for the purpose on the date fixed. However, he was not permitted to

partici