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Judgment
O R D E R
Per M.S.Latif - Member (J) oral
01/ Through the medium of this petition, the petitioner has, inter alia, sought the following reliefs :
“The Hon’ble court may be pleased to issue a direction quashing the consideration order No. 396-SSB of 2024 dated 27-11-2024 and Circular NO. 41-JK (GAD)of 2021 dated 06-01-2021 with further direction to the respondents to award 20 points to the petitioner for his participation in INDO-THAI Tennis Ball Cricket Tournament – International Participation instead of only 10 points under the Head Sports (National Participation) with further prayer that the respondents be directed to redraw the selection list and show the petitioner at the appropriate place having obtained 47.17 points in total. The petitioner has also sought a relief, as an interim measure, that pending final decision in the O.A, operation of order No. 396-SSB of 2024 dated 27-11-2024 be stayed.”
02/ What emerges from the pleadings in this OA is that the respondent, J&K Services Selection Board, (Board for short), issued advertisement notice bearing No. 06/2008 dated 28-05-2008 for
filing up of various District Cadre posts including the posts of Physical Education Teachers falling under item number 002 in the Technical Education Department/Youth Services and Sports Department for District Anantnag, and prescribed qualification was Matric with certificate course in Physical Education and preference will be given to those who have good sports career or graduates with outstanding career or with basic course in Skiing and Mountaineering.
03/ Learned counsel for the petitioner submitted that pursuant to the advertisement notification, the petitioner applied and he figured in the waiting list. Upon cancellation of selection of candidates, who failed to produce requisite certificates, sanction was accorded to operation of the waiting list, consequently, the petitioner also came to be appointed as Physical Education Teacher in District Cadre Anantnag, vide order dated 09-08-2010. It is submitted that the petitioner, after joining the services, made a representation to the respondent Board, wherein, he submitted that under the criteria notified by the Board, his international certificate ought to have been given 20 points when only 10 points have been given to the said certificate.
04/ Learned counsel submitted that when the respondents
failed to accord consideration to the representation filed by the petitioner, he approached this Hon'ble Tribunal through the medium of Original Application bearing O.A No 62/1083/2020, which came to be disposed of on 01-12-2020 with the direction to the respondents therein to treat the O.A as representation of the petitioner and consider and dispose of the same by passing a reasoned and speaking order within a period of one month from the date of receipt of copy of the order. The respondents passed a consideration order No.318-SSB-of 2022 dated 25-11-2022, wherein the claim of the petitioner was rejected, resultantly, the petitioner again approached this Hon'ble Tribunal by filing another O.A No.60/2023, which too came to be disposed of by directing the respondents to consider the representation dated 07-12-2022. The respondents, by issuing order No.396-SSB of 2024 dated 27-11-2024, have passed consideration order whereby they have relied on the Circular No.41- JK(GAD) of 2021 dated 06-01-2021 and again rejected the claim of the petitioner.
05/ The petitioner, being aggrieved of the consideration order No.396- SSB of 2024 dated 27-11-2024 supra, on the ground that the Circular No. 41-JK (GAD) of 2021 dated 06-01-2021 is not applicable to his case as he has approached the respondents within
time by way of representation and the circular issued by the respondent No.1 has no retrospective effect, submitting further that an administrative order cannot take away fundamental rights of the petitioner guaranteed under Article 16 of the Constitution and also that mere inclusion and granting of points to a certificate which the petitioner has earned cannot be considered to be a belated claim in view of the circular issued by the responding No.1. As such, it is submitted that the exercise undertaken by the respondents on the basis of Circular No. 41-JK (GAD) of 2021 dated 06-01-2021 is unreasonable and discriminatory to the interests of the petitioner and is in violation of the rights guaranteed to him under Articles 14, 16 and 21 of the Constitution of India.
06/ The petitioner, being aggrieved of the consideration order No.396-SSB of 2024 dated 27-11-2024 and Circular No. 41-JK(GAD) of 2021 dated 06-01-2021 supra on the basis of which his representation, seeking grant of benefit to his international certificate and award of 20 points under the prescribed criteria, has been rejected by the respondents, as such, through the medium of this petition, he seeks quashment of the consideration order and the circular aforesaid.
07/ Objections have been filed in the matter, wherein
respondents have categorically stated that though the circular No. 41-JK (GAD) of 2021 dated 06-01-2021 is not having any force of law, but it is a guiding lamp that the authorities cannot afford to expose the cases to lingering uncertainty. It is further stated in the reply that the case of the petitioner has been examined in compliance of the orders passed by this Hon’ble court twice and upon consideration, his case was found untenable and, accordingly, rejected.
08/ Be that as it may, after arguing for a considerable period of time, learned counsel for the petitioner fairly submitted that the petitioner would be satisfied if the respondents are directed to treat this petition as comprehensive representation of the petitioner and decide the same along with the representations, if any filed by him earlier, within a stipulated period.
09/ Learned counsel for the respondents submits that he has no objection if this petition is disposed of with appropriate directions, without prejudice to the rights and contentions of the respondents.
10/ Heard learned counsel for the parties and perused the material available on record and the objections filed by the respondents.
11/ Having regard to the limited prayer made by learned counsel for the petitioner and without expressing any opinion on the merits of the case, this OA 196/2025 is disposed of with the direction to the respondents to treat this petition together with all documents and
annexures appended thereto as well as the representation, if any filed by the petitioner earlier, as a comprehensive representation on his behalf and decide the same by passing a reasoned and speaking order in accordance with the applicable statutory provisions, rules and governing legal framework, of course, subject to his eligibility and entitlement under law. Needful to be done within a period of four weeks’ to be reckoned from the date a certified copy of this judgement and copy of this O.A is served upon the respondents.
12/ In the backdrop of what has been discussed above, this O.A 196/2015 is disposed of along with connected M.As, if any.