Central Administrative Tribunal - Jammu
Kiran Devi vs School Education Of J&K Ut on 2 February, 2026
:: 1 :: TA 6555/2021
CENTRAL ADMINISTRATIVE TRIBUNAL
JAMMU BENCH, JAMMU (RESERVED)
Hearing through video conferencing
Transfer Application No. 6555/2021
Reserved on: - 17.10.2025
Pronounced on: - 02.02.2026
HON'BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)
HON'BLE MR. RAM MOHAN JOHRI, MEMBER (A)
Kiran Devi Age 27 yrs D/o Sh. Mast Singh R/o Village Diggi
Tehsil & District Udhampur At present BSF Paloura , Ambedkar
Lane, near J&K Bank, Jammu
...Applicant
(Advocate: - Mr. Ankur Sharma, Mr. Sandeep Singh)
Versus
1. State of J&K Through Commissioner / Secretary School Education
Department, Civil Secretariat, Srinagar
2. Director School Education, Jammu
3. Chief Education Officer, Udhampur
...Respondents
(Advocate:- Mr. Sudesh Magotra, Ld. AAG, Mr. Hunar Gupta, DAG)
HARSHIT YADAV
HARSHIT C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master,
PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="
Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone=
f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f,
SERIALNUMBER=
317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8,
YADAV [email protected], CN=HARSHIT YADAV
I am the author of this document
2026.02.03 16:44:14+05'30'
:: 2 :: TA 6555/2021
ORDER
Per: - Rajinder Singh Dogra, Judicial Member
1. The SWP No.1422/2016 was transferred from the Hon'ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.6555/2021 by the Registry of this Tribunal.
2. The present matter was filed before the Hon'ble High Court seeking following relief: -
(a) allow the present' writ petition;
(b) command and direct the respondents, Education authorities to appoint the petitioner as Teacher in Education department, once the J&K Service Selection Board has recommended the name of the petitioner for appointment, after the qualification certificates of the petitioner was found to be valid and genuine, in as much as the Educational authorities had no right to block the appointment of the petitioner on the ground that his RBA Certificate was not valid in the year 2015, although the same was valid upto 30.08.2015, much after the last date of receipt of application form;
(c) command and direct the respondents, to give effect to the appointment order of the petitioner from the date, other candidates, who had been selected along with the petitioner pursuant to Notification No. 05 of 2013 dated 02-03-2013 have been appointed as General Line Teacher in Education Department, District Cadre Udhampur and to release the consequential benefits including the arrears of salary w.e.f. the date other similarly situated candidates have been given HARSHIT YADAV HARSHIT C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="
Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, YADAV [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.03 16:44:14+05'30' :: 3 :: TA 6555/2021 appointment till the petitioner is formally appointed, seniority in favour of the petitioner;
(d) ANY other writ, order or direction which this Hon'ble Court may deem fit or proper in the facts and circumstances of the case.
3. The facts of the case as pleaded by the petitioner in her pleadings are as follows: -
a) The present Transfer Application arises out of SWP No. 1422/2016, which stood transferred from the Hon'ble High Court of Jammu & Kashmir to this Tribunal and was registered as T.A. No. 6555/2021. The applicant, Kiran Devi, claims appointment to the post of General Line Teacher in District Cadre Udhampur pursuant to Advertisement Notification No. 03 of 2012 dated 28.12.2012 and Advertisement Notification No. 05 of 2013 dated 02.03.2013 issued by the Jammu and Kashmir Service Selection Board.
b) The applicant asserts that she is a permanent resident of the erstwhile State of Jammu and Kashmir and possesses the requisite educational qualification, being a graduate from the University of Jammu. She further claims eligibility under the HARSHIT YADAV HARSHIT C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="
Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, YADAV [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.03 16:44:14+05'30' :: 4 :: TA 6555/2021 Resident of Backward Area (RBA) category on the strength of an RBA certificate issued in her favour by the Tehsildar, Udhampur vide No. 771-74/BCG dated 30.08.2010, which, as per its endorsement, remained valid for a period of five years i.e., up to 30.08.2015.
c) Pursuant to the aforesaid advertisements, the applicant applied for selection under the RBA category. Upon conclusion of the selection process, her name figured at Serial No. 46 in the select list issued under Advertisement Notification No. 05 of 2013 for the post of General Line Teacher, District Cadre Udhampur. It is the case of the applicant that despite her valid selection and recommendation by the competent authority, she was not issued an appointment order, whereas other similarly situated candidates selected under the same advertisement were appointed.
d) The grievance of the applicant is founded on the action of the Chief Education Officer, Udhampur, who withheld the issuance of appointment order on the ground that the applicant's RBA certificate had expired on 30.08.2015 and had not been HARSHIT YADAV HARSHIT C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="
Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, YADAV [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.03 16:44:14+05'30' :: 5 :: TA 6555/2021 renewed. According to the applicant, such refusal is legally unsustainable as her eligibility, including possession of a valid RBA certificate, was required to be examined with reference to the cut-off date for submission of applications and not the date of issuance of appointment orders.
e) In support of her claim, the applicant places reliance upon the judgment of the Hon'ble High Court in Preeti Gupta vs State of J&K & Ors. (SWP No. 1083/2013), wherein it was categorically held that eligibility of a candidate has to be determined as on the last date of receipt of application forms and not with reference to the date of joining. It is contended that the ratio of the said judgment squarely applies to her case, as she was admittedly in possession of a valid RBA certificate on the relevant cut-off date as well as throughout the selection process.
f) The applicant further pleads that although her family income subsequently exceeded the prescribed income ceiling for renewal of the RBA certificate, such subsequent event could not be a ground to deny her appointment, once her selection stood HARSHIT YADAV HARSHIT C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="
Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, YADAV [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.03 16:44:14+05'30' :: 6 :: TA 6555/2021 finalized and recommendation had been made. On these premises, she seeks directions for issuance of appointment order with effect from the date when other co-selectees were appointed, along with all consequential benefits including seniority and arrears of salary.
4. The respondents have filed their reply statement wherein they have averred as follows: -
a) The respondents, while filing their reply, have raised preliminary objections questioning the maintainability of the petition, asserting that no legal, statutory or fundamental right of the applicant has been infringed. It is contended that no cause of action accrued in favour of the applicant and that the writ petition involved disputed questions of fact which could not be adjudicated in exercise of writ jurisdiction. It is also pleaded that the applicant approached the Court without first seeking a decision from the competent authorities, rendering the petition premature.
HARSHIT YADAV HARSHIT C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="
Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, YADAV [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.03 16:44:14+05'30' :: 7 :: TA 6555/2021
b) On merits, the respondents do not dispute that the applicant possessed the requisite educational qualification and that she was selected under the RBA category pursuant to Advertisement Notification No. 05 of 2013, figuring at Serial No. 46 in the select list. It is also admitted that the applicant was holding an RBA certificate issued on 30.08.2010, which, as per its endorsement, was valid for a period of five years.
c) However, the respondents justify the withholding of appointment on the ground that the said RBA certificate expired on 30.08.2015 and had not been renewed thereafter. It is stated that at the time when appointment orders were under consideration, the applicant was no longer holding a valid RBA certificate, compelling the office of the Chief Education Officer, Udhampur to withhold issuance of appointment order and seek clarifications from higher authorities.
d) The respondents further submit that multiple communications were addressed to the Directorate of School Education, Jammu and to the Commissioner/Secretary, School Education Department seeking instructions regarding the validity and HARSHIT YADAV HARSHIT C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="
Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, YADAV [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.03 16:44:14+05'30' :: 8 :: TA 6555/2021 acceptability of the expired RBA certificate. It is averred that while approval for appointment of 360 candidates was received, approval with regard to 12 RBA cases, including that of the applicant, remained pending. The matter was thereafter referred to the General Administration Department for opinion, which was eventually conveyed vide communication dated 14.03.2017.
e) It is also pleaded that the applicant herself admitted that renewal of the RBA certificate was not possible as her family income had exceeded the prescribed limit under the reservation rules. In view of these circumstances, the respondents maintain that the action of withholding the appointment was neither arbitrary nor illegal but was a bona fide administrative decision taken pending authoritative clarification from the competent departments.
f) The respondents further deny the claim of arrears of salary or consequential benefits, contending that since the applicant was never issued an appointment order nor allowed to join, no entitlement to salary could accrue. They assert that the HARSHIT YADAV HARSHIT C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="
Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, YADAV [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.03 16:44:14+05'30' :: 9 :: TA 6555/2021 respondents have acted strictly in accordance with the rules governing reservation and appointment and have shown due respect to the orders passed by the Hon'ble High Court from time to time.
5. Heard learned counsel for the parties and perused the material available on record.
6. The present Transfer Application, originally instituted as SWP No. 1422/2016 before the Hon'ble High Court of Jammu & Kashmir and subsequently transferred to this Tribunal, calls in question the legality of the action of the respondents in withholding the appointment of the applicant to the post of General Line Teacher, District Cadre Udhampur, despite her valid selection under the Resident of Backward Area (RBA) category pursuant to Advertisement Notifications No. 03 of 2012 dated 28.12.2012 and No. 05 of 2013 dated 02.03.2013.
7. The facts are largely undisputed. The applicant was duly selected and recommended for appointment under the RBA category and her name figured in the select list at Serial No. 46. At the time of submission of application forms as well as throughout the selection process, the HARSHIT YADAV HARSHIT C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="
Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, YADAV [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.03 16:44:14+05'30' :: 10 :: TA 6555/2021 applicant was holding a valid RBA certificate issued by the competent authority on 30.08.2010, which, as per its endorsement, remained valid up to 30.08.2015. The respondents have not questioned either the genuineness of the certificate or the validity of the selection process. The sole ground on which the appointment of the applicant was withheld is that by the time the appointment orders were sought to be issued, the RBA certificate had expired and could not be renewed on account of the applicant's family income exceeding the prescribed ceiling.
8. The central issue, therefore, that arises for consideration is whether the eligibility of the applicant under the RBA category was required to be assessed with reference to the cut-off date prescribed in the advertisement or with reference to the date of issuance of appointment order.
9. This issue is no longer res integra. The Hon'ble High Court of Jammu & Kashmir, in Preeti Gupta vs State of J&K & Ors. (SWP No. 1083/2013), has authoritatively held that the eligibility of a candidate, including possession of a valid category certificate, has to be determined as on the last date fixed for receipt of application forms HARSHIT YADAV HARSHIT C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="
Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, YADAV [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.03 16:44:14+05'30' :: 11 :: TA 6555/2021 and not on the date of joining or issuance of appointment order. The Court further held that denial of appointment on the ground that the category certificate expired subsequent to the cut-off date is illegal, arbitrary and unsustainable in law. The said principle has been consistently followed in subsequent judgments and has attained finality.
10. Applying the aforesaid settled legal position to the facts of the present case, it is evident that the applicant was fully eligible under the RBA category on the relevant cut-off date and also during the entire selection process. The subsequent expiry of the RBA certificate or the inability of the applicant to renew the same due to change in income circumstances cannot retrospectively disqualify her or invalidate her selection. Once a candidate is found eligible on the cut-off date and is duly selected, the respondents have no authority in law to deny appointment on the basis of supervening events occurring after the selection process is complete.
11. The stand taken by the respondents that clarifications were sought from higher authorities and that approval in RBA cases was awaited does not justify the prolonged denial of appointment to the applicant, HARSHIT YADAV HARSHIT C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="
Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, YADAV [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.03 16:44:14+05'30' :: 12 :: TA 6555/2021 particularly when similarly situated candidates selected under the same advertisement were issued appointment orders. Administrative correspondence and inter-departmental consultations cannot override or dilute the binding effect of judicial pronouncements of the Hon'ble High Court. The action of the respondents, therefore, suffers from arbitrariness and is violative of Articles 14 and 16 of the Constitution of India.
12. The plea of the respondents that the applicant is not entitled to salary and other consequential benefits on the ground that she never joined service is also untenable. It is well settled that where a candidate is illegally denied appointment despite valid selection, the doctrine of "no work no pay" cannot be mechanically applied. The applicant was prevented from joining service solely due to the unlawful action of the respondents and, therefore, cannot be made to suffer for no fault of hers.
13. In view of the above discussion, this Tribunal has no hesitation in holding that the applicant is entitled to appointment to the post of General Line Teacher, District Cadre Udhampur, in terms of her selection pursuant to Advertisement Notification No. 05 of 2013, and HARSHIT YADAV HARSHIT C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="
Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, YADAV [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.03 16:44:14+05'30' :: 13 :: TA 6555/2021 the action of the respondents in withholding her appointment is illegal and unsustainable.
14. Accordingly, the Transfer Application is allowed with the following directions:
a) The respondents are directed to issue formal appointment order in favour of the applicant to the post of General Line Teacher, District Cadre Udhampur, against the RBA category, pursuant to Advertisement Notification No. 05 of 2013.
b) The applicant shall be entitled to notional seniority from the date on which other similarly situated candidates selected under the same advertisement were appointed. However, the salary will be drawn from the date she joins and no arrears will be payable.
c) The applicant shall also be entitled to all consequential service benefits, including fixation of pay and continuity of service for all intents and purposes without any back wages or arrears of salary.
HARSHIT YADAV HARSHIT C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="
Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, YADAV [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.03 16:44:14+05'30' :: 14 :: TA 6555/2021
15. The above directions shall be complied with by the respondents within a period of 12 weeks from the date of receipt of a certified copy of this order.
16. No order as to costs.
(RAM MOHAN JOHRI) (RAJINDER SINGH DOGRA)
Administrative Member Judicial Member
/harshit/
HARSHIT YADAV
HARSHIT C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master,
PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="
Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, YADAV [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.03 16:44:14+05'30'