Eligibility must exist on the cut-off date and horizontal reservation for district-level posts operates district-wise.

The applicant, an Ex-serviceman and member of the Scheduled Caste (SC) category, applied for the post of General Line Teacher in District Cadre Samba under Advertisement Notice No. 06/2017

Though his Permanent Resident Certificate (PRC) and SC certificate were issued from District Kathua, he claimed residency in Samba based on school and identity records

He challenged the select list dated 25.02.2019, alleging he was illegally denied horizontal reservation for Ex-servicemen within the SC category

The official respondents contended that the applicant lacked the requisite Graduation qualification on the cut-off date (21.01.2018), as his results were declared on 06.02.2018

They further argued that horizontal reservation for Ex-servicemen in a District Cadre post must be applied district-wise based on official residence certificates

1. Whether the applicant was eligible for selection given that his degree results were declared after the prescribed cut-off date.

2. Whether an SC candidate can claim horizontal reservation for Ex-servicemen in a specific District Cadre post despite official residence documents pertaining to a different district.

3. Whether the calculation of 6% horizontal reservation entitles an applicant to a post based on arithmetical rounding or fractional calculation.

The court applied the principle that eligibility must be determined as of the last date prescribed in the advertisement, as established in Ashok Kumar Sharma v. Chander Shekhar and Rakesh Kumar Sharma v. State (NCT of Delhi)

It relied on the distinction between vertical reservation (SC/ST) and horizontal reservation (Ex-servicemen), noting that while Section 13(3) of the J&K Civil Services Decentralization and Recruitment Act, 2010 allows SC candidates to apply across districts, horizontal reservation is bound by district-wise cadre rules for District Cadre posts

It applied the doctrine from Shankarsan Dash v. Union of India that inclusion in a shortlist does not confer an indefeasible right to appointment

The Tribunal found that the applicant failed the threshold test of eligibility because his Graduation result was declared on 06.02.2018, nearly two weeks after the 21.01.2018 cut-off date; subsequent acquisition of a qualification cannot retrospectively validate a candidacy

Regarding residency, the Tribunal held that official documents like the PRC and Category Certificate issued by competent authorities in Kathua outweigh secondary proofs like Aadhaar or ration cards

The court reasoned that while SC status is a vertical category operable state-wide under Section 13(3), horizontal reservation for Ex-servicemen is a distinct "interlocking" reservation that must comply with district-wise cadre requirements for the post of Teacher

Finally, the Tribunal noted the applicant failed to prove his relative merit among other Ex-servicemen or that a fourth vacancy was legally mandated via rounding off fractions

Furthermore, the applicant could not claim Ex-servicemen reservation in District Samba while his official residence remained District Kathua

The Tribunal dismissed the Transfer Application and vacated all interim orders

The court concluded that the applicant had no enforceable right to displace respondent No. 4, specifically noting the failure to implead other potentially affected candidates (non-joinder of necessary parties)