Gurmeet Kour vs D/o Education Ut Of J & K

T.A. No. 3813 of 2021
[1]
(SWP No. 1968 of 2009)
CENTRAL ADMINISTRATIVE TRIBUNAL
SRINAGAR BENCH, SRINAGAR
T.A. NO.: 3813 OF 2021
(SWP NO. 1968/2009)
st
(Srinagar, 31 day of August 2026)

C O R A M
HON’BLE MR. M.S. LATIF, MEMBER (JUDL.)
HON’BLE MR. PRASANT KUMAR, MEMBER (ADMN.)
............

1. Gurmeet Kour, D/o Makham Singh, R/o Rajpora, Tral, District
Pulwama. (Aged 36+ years)
2. Paramjeet Singh, S/o Charan Singh, R/o Saimoh Tral, District
Pulwama. (Aged 37+ years)
............ Applicant(s).

By Advocate : - Ms. Mehjabeen vice Mr. A. M. Dar.

Versus


1. State of J&K through Commissioner/Secretary to Govt.
Education Department, Civil Secretariat, Srinagar/Jammu.

2. Jammu and Kashmir Services Selection Board through its
Secretary, Zum Zum Building, Srinagar / Rail Head Complex,
Panama Chowk, Jammu.
3. Chairman, Jammu and Kashmir Services Selection Board,
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Zum Zum Building, Srinagar / Rail Head Complex, Panama
Chowk, Jammu.
........ Official Respondents.
4. Nissar Hussain Bhat, S/o Abdul Rashid Bhat, R/o Naibugh,
Tral, District Pulwama

5. Gulzar Ahmad Mir, S/o Abdul Khaliq Mir, R/o Mazapora,
Litter, District Pulwama.

6. Keertie Kumar Bhat, R/o Makhan Lal Bhat, R/o Sirnu, District
Puwalama.

T.A. No. 3813 of 2021
[2]
(SWP No. 1968 of 2009)
........ Private Respondents.

By Advocate : - Mr. Satinder Singh, AAG for respondent no. 1 and
Mr. Syed Musaib, DAG for respondents no. 2 & 3. None for private
respondents.


ORDER
(Oral)

Per Hon’ble Mr. M.S. Latif, Member (Judl.)
What reveals from the record is that the Writ Petition was
filed in the year 2009 before the Hon’ble High Court of J&K, and
thereafter various orders on file reveals that on a number of
occasions, none has appeared for the petitioner, and finally the
matter was transferred to the Jammu Bench of the Hon’ble CAT
vide High Court’s order dated 20.11.2020. Even after its transfer to
this Bench on 27.10.2022, none has appeared. On 29.05.2025,
none has appeared. Then on 10.12.2025, Ms. Uzma appeared vice
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Mr. A. M. Dar and thereafter the matter came up for consideration
today.
2. Today, the matter has come up in the Column of Old
Hearing Matters, where no adjournment shall be granted.
3. Through the medium of the instant T.A., the petitioners seek

T.A. No. 3813 of 2021
[3]
(SWP No. 1968 of 2009)
the following reliefs:

a. Writ of Certiorari quashing the selection list for
appointment of Physical Education Teachers of the private
respondents vide impugned Selection List, as published in
the local daily ‘Greater Kashmir’ in its issue dated
17.12.2009.
b. Writ of Mandamus, commanding the official respondents
to consider the petitioners for the posts of Physical
Education Teachers pursuant to Advertisement Notice No.
3 of 2006 and Advertisement Notice No. 6 of 2008.

c. Any other appropriate writ, order or direction or relief,
which the Hon’ble Court deems fit and proper, in the facts
and circumstances of the case, be granted in favour of the
petitioners against the respondents with costs.
4. Ms. Mehzabeen vice Mr. A. M. Dar, learned counsel
appearing for the petitioner submits that she is ready to argue the
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matter.

5. Perusal of the pleadings in the Writ Petition reveals that the
petitioners are undergraduates, besides they have passed C.P. Ed.
(Certificate in Physical Education) through the Directorate of Sports
and Youth Services, Maharashtra State, Pune. The petitioner no. 2

T.A. No. 3813 of 2021
[4]
(SWP No. 1968 of 2009)
has also participated in an event in Amravati University Students’
Council in 1992-93. As stated, the petitioner no. 1 has worked as a
Physical Instructor in Gurunanak College of Education and Training
since 2003, and has gained a lot of expertise, which certificates are
appended with the Writ Petition.
6. It is stated that the respondent J&K Services Selection Board
(JKSSB), invited applications for appointment of Physical Education
Teachers (Tech Education/Youth Services & Sports Department),
District Pulwama, vide notification no. 3 of 2006 and no. 6 of 2008
dated 28.05.2008, as the petitioner fulfils the eligibility criteria for
seeking such appointment as Physical Education Teachers.

7. It is stated that the respondent JKSSB notified the
provisional list of candidates for appearing in the interview for the
post of Physical Education Teachers advertised vide notification no.
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06 of 2008 dated 28.05.2008, through Daily Excelsior newspaper
on 13.09.2008, and the petitioners’ names also figured at serial
nos. 62 and 141 respectively.
8. The petitioners, as stated, also appeared before the JKSSB
and fared well in the interview. It is stated that since issuance of

T.A. No. 3813 of 2021
[5]
(SWP No. 1968 of 2009)
the selection list was delayed, the petitioner no. 2 has, by now,
crossed the age limit, and the petitioner no. 1 has also attained the
upper age limit for seeking government job. It is further stated that
the respondent no. 3, through Greater Kashmir newspaper dated
17.12.2009, issued select list of the candidates for the post of
Physical Education Teachers, District Cadre Pulwama, pursuant to
notification no. 3 of 2006 and notification no. 6 of 2008. However,
to the dismay of the petitioners, their names were not mentioned
in the list, and the candidates lower in merit and age were figuring
in the list.

9. The petitioners as such are aggrieved of the selection for the
appointment of the PeTs of the private respondents on the
grounds as have been urged in the T.A. The star ground as urged by
the petitioners in the Writ Petition is that the private respondents
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have been selected on the basis of political influence, extraneous
consideration, arbitrariness, ill will, mala fides, and therefore seek
quashment of the selection of the private respondents. It is added
that there has been violation of rules of natural justice as the
petitioners are higher in the merit than the private respondents.

T.A. No. 3813 of 2021
[6]
(SWP No. 1968 of 2009)

10. Reply stands filed in the matter by the respondent JKSSB on
an affidavit. Perusal of the reply reveals that the petitioners herein
have secured very low merit in the selection process as the
petitioners have secured 18.93 and 27.59 points respectively,
whereas the private respondents no. 4 to 6, whose selection has
been challenged by the petitioners, have secured 35.53, 34.77 and
33.44 points respectively, while as the last candidates, selected
pursuant to notice no. 03 of 2006 and 06 of 2008 under OM
category have secured 44.63 and 33.25 points respectively.

11. Mr. Syed Musaib, learned DAG, representing the official
respondents submits that the averment as contained in the Writ
Petition regarding the selections having been done on the basis of
the political influence and extraneous consideration, cannot be
taken note of, as what was incumbent upon the petitioners was to
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have spelled out the alleged political influence and, in absence of
such material, the objection cannot be taken note of. He further
submits that when mala fides are alleged, what is incumbent upon
the person alleging mala fides is to allege mala fides against the
person by name so that he gets a chance to rebut such allegations.

T.A. No. 3813 of 2021
[7]
(SWP No. 1968 of 2009)
However, this having not been done, such an averment cannot be
taken note of.
12. In view of the reply filed by the respondents wherein it has
been averred that the petitioners herein are less in merit than the
private respondents and even below the cut-off, we do not find
any reason to interfere with the selections already made and that
too when the private respondents have been continuing past 17
years. Accordingly, the instant petition being meritless is
dismissed.

13. Accordingly, T.A. No. 3813/2021 is dismissed along with all
connected M.A.s, if any.

(Prasant Kumar)
Member (Admn.)
(M.S. Latif)
Member (Judl.)

Abhishek Punia
Court Master
31.08.2026
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