Shubam Dutta & Ors. vs UT of J&K through Commissioner cum Secretary to the Govt. Education Department & Ors.

(Per:- Sanjeev Gupta, Judicial Member)

The instant M.A. has been filed by the applicants seeking permission of this Tribunal to join in and pursue O.A. No. 1291 of 2026 together. For the reasons stated therein, the M.A. is allowed.

It is submitted by the learned counsel for the applicants that the applicants, who are working as MTS in Education Department, were successful in the type test held in March 2024 and since, then attained the eligibility for their consideration for promotion to the post of Junior Assistants.

It is further submitted by the learned counsel that instead of giving priority to the applicants for their promotion to the post of Junior Assistants, the respondents in terms of impugned notification dated 09.09.2026 have called applications from eligible MTS for conduct of type test for promotion to the post of Junior Assistant, which was conducted on 15.09.2026.

As per the learned counsel, the grievance of the applicants is that the respondents are required to follow merit-cum-seniority and provisions of SRO 240 dated 30.04.1979, for promoting the applicants who have acquired eligibility in the year 2024 for promotion to the post of Junior Assistants, but the impugned communication has been issued, whereby the candidates who failed to qualify the type test in 2024 are being called for type test again, before promoting the applicants.

Learned counsel for the applicant further urged that it is settled position of law that a person who acquires the eligibility first for the purpose of promotion to the next higher post would fall within the zone of consideration first. In this regard he has relied on the judgement of Hon’ble High Court of Jammu and Kashmir in the case of Mohammad Saleem Darzi & Another Vs. State of J&K and others – SWP No. 2090 of 2015 decided on 27.06.2018.

Mr. Sudesh Magotra, learned A.A.G. appearing on behalf of the respondents, on advance notice, seeks sometime to file reply.

Having heard the learned counsels for the parties and on going through the Mohammad Saleem Darzi (supra) judgement, we are of the considered view that no useful purpose would be served in keeping this O.A. pending and same can be disposed of with directions to respondents.

Accordingly, this O.A. is disposed of, at the admission stage itself, without entering into the merits of the case, with a direction to respondents to accord consideration for prioritizing the claim of the candidates, including the applicants herein, in the light of Mohammad Saleem Darzi (supra) judgement, for promotion to the next higher grade, who have already acquired the eligibility for promotion to the post of Junior Assistant, after being successful in the type test held in the month of March 2024. Let a decision in this regard be taken by the respondents within a period of two weeks from the date of receipt of a certified copy of this order.

There shall be no orders so as to costs.