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Judgment
M.S. Latif, Member (J)
The applicants are aggrieved by an order bearing No.ASC/Edu/N/23/254 dated 03.10.2023, wherein the applicants have not been called for Computer-based type test in respect of eligible Class-IV employees for filling up of the post of Junior Assistants in the Government Degree Colleges of UT of J&K. The learned counsel for the petitioner submits that the applicants are otherwise eligible and entitled to be called for participation in the Type Test which according to him is scheduled to be conducted on 10.10.2023. The learned counsel for the petitioner has also submitted that the petitioner has been discriminated when similarly situated other persons have been considered for participation in the Type Test.
Mr. Mubashir Majid Malik, learned Deputy Additional General for the respondents has submitted that an identical matter has been dealt by the Jammu Bench of the Central Administrative Tribunal in OA No.61/1325/ 2023 and the Hon'ble Coordinate Bench at Jammu has passed a Judgment dated 06.10.2023, wherein, the OA has been disposed of, the last para of which is reproduced as under:-
“6. Accordingly, the Original Application is disposed of with a direction to Director (Colleges), Higher Education Department, Jammu (Respondent No.2 herein) to consider the case of the applicants for permitting them to appear in the computer based type test to be conducted on 10.10.2023 for promotion to the post of Junior Assistant and take a decision before 10.10.2023. While taking any decision, the communication dated 23.11.2018 whereby the applicants were shown to be eligible to appear in computer based type test in the year 2018 and judgment of Hon’ble Supreme Court in the case of Ajit Singh should also be considered by the respondents. In case, the applicants are found to be eligible, they should be permitted to appear in the computer based type test to be conducted on 10.10.2023.”
This court is conscious of the facts that as submitted by the learned counsel for the petitioners, Type Test is to be conducted tomorrow in order to uphold the rule of law. Respondents are directed to treat this OA as representation of the applicants, which the learned Deputy Additional General will communicate to the respondents by 3.00 PM, today, and the respondents will dispose off the said representation effectively, and in case the petitioners have merit in the said representation, the same shall be effectively disposed off by 5 PM today.
It is expected that the respondents in all fairness will comply with the directions of this Tribunal in its letter and spirit. The order be conveyed to the respondents through Learned Deputy Additional General today.
Disposed off, accordingly.