Mohd. Aslam vs Union Territory Of Jammu & Kashmir & Ors.

Sh. Ram Mohan Johri, Administrative Member

This is an Original Application filed by the applicant under Section-19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:-

The applicant is seeking quashing of Government Order No. 513-JK (Edu) of 2025 dated 07.07.2025, whereby his claim for operation/revalidation of the waiting list for the post of Urdu Teacher, District Cadre Reasi, arising out of Advertisement Notification No. 06 of 2017 dated 28.12.2017, has been rejected. He also seeks a direction to the respondents to revalidate and operate the waiting list and consider his candidature against the vacancy which arose due to the non-joining and subsequent cancellation of the candidature of Mr. Shaied Iqbal.

The brief facts are that Respondent No. 5 issued Advertisement Notification No. 06 of 2017 dated 28.12.2017 for filling up posts of Urdu Teachers in various District Cadres. Five posts were advertised for District Reasi, including three under Open Merit, one under RBA and one under SC category. The applicant, possessing the requisite qualification, participated in the selection process and was placed at Serial No. 2 in the Open Merit waiting list in the selection list published on 25.02.2019.

It is the applicant's case that two selected candidates, namely Shoket Ahmed and Shaied Iqbal, did not join the post as they had already been selected as Patwaris. The vacancy caused by the non-joining of Shoket Ahmed was filled by operating the waiting list and the candidate at Serial No. 1, namely Suman Rajput, was recommended/appointed. Thereafter, Mr. Shaied Iqbal also expressed his unwillingness to join and, after he failed to furnish the requisite documents despite notices, his candidature was cancelled by the Services Selection Board vide Order No. 102-SSB of 2020 dated 06.03.2020. The Board requested the indenting department to operate the waiting list by recommending the next meritorious candidate.

Pursuant thereto, the Chief Education Officer, Reasi, vide communication dated 17.09.2020, recommended the candidature of the applicant as the next meritorious candidate. The Director, School Education, Jammu, thereafter forwarded the case to the School Education Department vide communication dated 21.10.2020 seeking approval for operation of the waiting list in favour of the applicant. The matter, however, was referred to the General Administration Department and the proposal was not agreed to. The applicant subsequently approached this Tribunal, and his earlier Original Application was disposed of on 17.05.2022 with a direction to the respondents to consider his claim as a representation and pass a reasoned and speaking order.

In compliance thereof, the matter was again examined. The Chief Education Officer, Reasi, vide communication dated 08.01.2025, reiterated the recommendation for operation of the waiting list, which was forwarded by the Director, School Education, Jammu. Nevertheless, the respondents ultimately rejected the applicant's claim vide Government Order No. 513-JK (Edu) of 2025 dated 07.07.2025.

The principal grievance of the applicant before us is that, subsequent to the rejection of his claim, the respondents themselves, pursuant to approval accorded by the Administrative Department vide communication dated 16.06.2026, issued Notification No. 02-DSEK of 2026 dated 20.06.2026, whereby waiting lists arising out of the very same Advertisement Notification No. 06 of 2017 dated 28.12.2017 were revalidated and operated in respect of similarly situated Teacher posts in the Kashmir Division. It is contended that the applicant's case stands on the same footing and that denial of identical treatment to him is arbitrary and discriminatory.

We have heard learned counsel for the parties and perused the record. There is no dispute that the applicant was duly placed in the waiting list pursuant to the aforesaid selection process; that the candidature of Mr. Shaied Iqbal was subsequently cancelled; that the Services Selection Board directed operation of the waiting list against the resultant vacancy; and that the competent field authorities recommended the applicant as the next meritorious candidate.

In view of the subsequent development whereby the respondents, pursuant to approval of the Administrative Department, have revalidated and operated the waiting lists arising out of Advertisement Notification No. 06 of 2017 dated 28.12.2017 in respect of similarly situated Teacher posts in the Kashmir Division vide Notification No. 02-DSEK of 2026 dated 20.06.2026, we are of the considered view that the applicant's claim also deserves consideration on the same parameters. The applicant's candidature arises out of the very same selection process and his case had already been recommended by the competent authorities against the vacancy caused by cancellation of the candidature of Mr. Shaied Iqbal.

Accordingly, without expressing any opinion on the validity of the earlier decision of the respondents, the present Original Application is disposed of with a direction to the respondents to consider and extend to the applicant the same benefit of revalidation and operation of the waiting list as has been extended to similarly situated Teacher posts/candidates in the Kashmir Division pursuant to Notification No. 02-DSEK of 2026 dated 20.06.2026.

While undertaking the aforesaid exercise, the respondents shall consider the applicant against the resultant vacancy caused by the cancellation of the candidature of Mr. Shaied Iqbal, in the same manner and on the same terms and conditions as have been applied in the cases covered by the aforesaid Notification. In case the applicant is found similarly situated and otherwise eligible, his case shall be processed for appointment in accordance with the same criteria and methodology adopted therein.

The aforesaid exercise shall be completed and a reasoned order passed within a period of six weeks from the date of receipt of a certified copy of this order.

The Original Application is, accordingly, disposed of in the aforesaid terms. Pending MAs, if any, shall also stand disposed of. There shall be no order as to costs.