 Early Times Report
Jammu, Aug 2: In a landmark judgment, the Central Administrative Tribunal, Jammu Bench comprising Rajinder Singh Dogra (Judicial) and Ram Mohan Johri (Administrative), has directed the Jammu and Kashmir Services Selection Board (JKSSB) to appoint Aijaz Ahamed, a physically handicapped candidate, to the post of Patwari in District Udhampur under the Reserved Backward Area (RBA) category with 50% locomotor disability. The Tribunal also quashed the final select list of 2018 to the extent that it excluded Ahamed’s name.
The case stemmed from Advertisement Notification No. 06 of 2015 which invited applications for 35 Patwari posts, including those reserved for RBA and PHC (Physically Handicapped Candidates) categories. Aijaz Ahamed, holding valid certificates for both categories and a degree in Urdu, participated in the selection process and cleared the written and interview rounds.
However, a new Urdu language test was introduced midway through the recruitment process via notification dated November 18, 2017. Despite holding a B.A. with Urdu, Ahamed allegedly failed to meet the newly introduced qualifying standards in this Urdu test, and his name was excluded from the final list.
The Tribunal, presided by Members Rajinder Singh Dogra (Judicial) and Ram Mohan Johri (Administrative), held that altering selection criteria mid-process was “arbitrary, illegal, and violative of Articles 14 and 16 of the Constitution.” Citing the Supreme Court’s judgment in K. Manjusree v. State of Andhra Pradesh and the J&K High Court’s ruling in Azhar Khan vs. State of J&K, the Tribunal ruled that the additional Urdu test had no legal basis.
The Tribunal further noted that the J&K Reservation Act, 2004 mandates a 3% horizontal reservation for PHC candidates, which was not implemented in this case.
CAT directed JKSSB to appoint Aijaz Ahamed as Patwari under the RBA-PHC quota; consider creating a supernumerary post if required to avoid displacement of other candidates; grant him seniority and notional pay benefits from the date of the original select list (26.12.2018), excluding arrears.The decision must be implemented within eight weeks. (JNF) |
