Central Administrative Tribunal - Jammu
Sakshi Malhotra vs D/O Higher Education Ut Of J&K on 2 February, 2026
:: 1 :: TA 7084/2021
CENTRAL ADMINISTRATIVE TRIBUNAL
JAMMU BENCH, JAMMU (RESERVED)
Hearing through video conferencing
Transfer Application No. 7084/2021
Reserved on: - 14.08.2025
Pronounced on: - 02.02.2026
HON'BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)
HON'BLE MR. RAM MOHAN JOHRI, MEMBER (A)
1. Sakshi Malhotra, Aged 29 year
D/o Sh. Satish Malhotra
R/o G-1 Shanti Nagar, Top Sherkhania P.O. Paloura Jammu.
2. Sheetal Gupta, Aged 37 years
W/o Mr. Sanjay Amla
R/o 29-A Near Geeta Mandir Bakshi Nagar, Jammu
...Applicants
(Advocate: - Mr. Rahul Pant, Sr. Adv.)
Versus
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=
f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070
d1c28f, SERIALNUMBER=
YADAV
317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3
efda8, [email protected], CN=HARSHIT YADAV
I am the author of this document
2026.02.03 16:38:31+05'30'
:: 2 :: TA 7084/2021
1. State of Jammu and Kashmir Through Commissioner/ Secretary
Higher Education Department Civil Sectt. Jammu
2. Jammu and Kashmir Public Service Commission Through its
Secretary & Controller of Examination Resham Ghar Colony, Bakshi
Nagar Jammu.
3. Secretary J&K Public Service Commission Resham Ghar Colony
Bakshi Nagar Jammu.
...Respondents
(Advocate:- Mr. Rajesh Thapa, ld. AAG, Mr. FA Natnoo)
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=
f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070
d1c28f, SERIALNUMBER=
YADAV
317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3
efda8, [email protected], CN=HARSHIT YADAV
I am the author of this document
2026.02.03 16:38:31+05'30'
:: 3 :: TA 7084/2021
ORDER
Per: - Rajinder Singh Dogra, Judicial Member
1. The SWP No.728/2018 was transferred from the Hon'ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.7084/2021 by the Registry of this Tribunal.
2. The present matter was filed before the Hon'ble High Court seeking following relief: -
a) An appropriate writ direction or order in the nature of writ of mandamus commanding the respondents to adhere to the eligibility criteria for determination of suitability of candidates for appointment from open category with requirement to score a minimum 50% out of the total weightage points earmarked for assessment in terms of the notification dated 12/5/2016 bearing No. PSC/Exam/2016/48, which was in vogue in terms of Rule 51 of J&K Public Service Commission (Business and Procedure Rules) 1980 when the advertisement Nonfiction no.18 PSC (DR-P) of 2016 dated 13/12/2016 whereby the posts of the Librarians were advertised in higher Education department and the selection process was initialed.
b) An appropriate, writ order or direction in the nature of writ of mandamus commanding the respondents select and appoint the petitioners as Librarian as they are eligible and competent to be considered for selection in terms of the Rules in vogue at the time of issuance of Advertisement Notification whereby the requirement of scoring only a minimum of 50% out of the total weightage points was earmarked for assessment:
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= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070 d1c28f, SERIALNUMBER= YADAV 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3 efda8, [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.03 16:38:31+05'30' :: 4 :: TA 7084/2021
c) An appropriate writ direction or order in the nature of writ of certiorari quashing the select list for the post of Librarian in Higher Education Department issued vide Notification No.16-
PSC (DR-S) of 2018 dated 6/4/2018 to the extent the petitioners have been declared as ineligible in terms of the amendment in Rule 51 of Jammu and Kashmir Public Service Commission (Business and Procedure Rules) 1980 issued vide notification No.6- PSC (DR) of 2017 dated 7/6/2017 whereby the eligibility criteria for determination of the suitability of candidates for appointment from open merit category has been fixed to score a minimum of 55% instead of 50% out of the total weightage points earmarked for not assessment, being inoperative and applicable in the cases of the petitioners, as the said amendment is not to be given any retrospective effect, as the selection process has been initiated in terms of the original Rule 51 issued vide notification dated 12/5/2016.
d) An appropriate writ direction or order in the of writ of prohibition thereby restraining the respondents from making the selection in terms of the modified eligibility criteria whereby the open merit candidates were required to score a minimum of 55% instead of 50% out of total weightage points earmarked for assessment in the aforesaid Rules.
e) WITH such other additional or appropriate order as this Hon'ble court deems fit and proper in the facts and circumstances of the case.
3. The facts of the case as pleaded by the petitioners in their pleadings are as follows: -
a) The present Transfer Application arises out of SWP No. 728/2018, which was initially filed before the Hon'ble High 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= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070 d1c28f, SERIALNUMBER= YADAV 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3 efda8, [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.03 16:38:31+05'30' :: 5 :: TA 7084/2021 Court of Jammu & Kashmir at Jammu and, upon constitution of this Tribunal, stood transferred and registered as T.A. No. 7084/2021.
b) The applicants approached the writ court seeking redressal against their non-selection to the post of Librarian in the Higher Education Department, advertised vide Advertisement Notification No. 18-PSC (DR-P) of 2016 dated 13.12.2016, whereby 67 posts in the pay scale of ₹15600-
39100 with AGP ₹6000 were notified.
c) As per the advertisement, the essential qualifications prescribed included a good academic record with at least 55% marks (50% for specified reserved categories/Ph.D. holders prior to 19.09.1991) at the Master's level in Library Science/Information Science/Documentation Science or equivalent, along with NET/SLET/SET qualification, subject to exemptions.
d) The applicants, belonging to the Open Merit category, claimed to possess all requisite qualifications. Applicant No. 1 holds B.Lib., M.Lib., NET/SET qualification, Diploma in Computer 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= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070 d1c28f, SERIALNUMBER= YADAV 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3 efda8, [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.03 16:38:31+05'30' :: 6 :: TA 7084/2021 Applications, and over five years of experience as Librarian. Applicant No. 2 holds B.Lib., M.Lib., NET qualification and nearly ten years of experience as Librarian.
e) At the time of issuance of the advertisement and initiation of the selection process, Rule 51 of the J&K Public Service Commission (Business and Procedure) Rules, 1980, as amended vide Notification dated 12.05.2016, prescribed that candidates belonging to the Open Merit category were required to secure a minimum of 50% of the total weightage points for determination of suitability.
f) Subsequently, vide Notification No. 06-PSC (DR) of 2017 dated 07.06.2017, Rule 51 was amended, enhancing the minimum qualifying benchmark for Open Merit candidates from 50% to 55%.
g) The applicants were shortlisted for interview and appeared before the Interview Board in March 2018 after verification of their documents. They asserted that during verification, certain aspects of their experience and additional qualifications, particularly computer-related diplomas and experience duration, 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= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070 d1c28f, SERIALNUMBER= YADAV 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3 efda8, [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.03 16:38:31+05'30' :: 7 :: TA 7084/2021 were not properly accounted for, though assurances were allegedly given that the same would be examined.
h) Upon declaration of the final select list vide Notification No. 16-PSC (DR-S) of 2018 dated 06.04.2018, the applicants found themselves declared ineligible on the ground that they failed to secure the revised benchmark of 55%, having obtained 52.65 marks and 52.49 marks respectively.
i) It was further reflected in the select list that several posts under the Open Merit and reserved categories remained unfilled as candidates failed to achieve the prescribed minimum percentage.
j) Aggrieved, the applicants contended that the amendment enhancing the qualifying standard could not be applied retrospectively to an already initiated selection process, alleging that such action amounted to changing the rules of the game mid-way, thereby violating Articles 14 and 16 of the Constitution of India. They sought quashing of the select list to the extent of their exclusion and a direction for their selection against available vacancies.
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= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070 d1c28f, SERIALNUMBER= YADAV 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3 efda8, [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.03 16:38:31+05'30' :: 8 :: TA 7084/2021
4. The respondents have filed their reply statement wherein they have averred as follows: -
a) The respondents, particularly the J&K Public Service Commission, filed a detailed reply raising preliminary objections to the maintainability of the petition. It was contended that the applicants failed to demonstrate infringement of any legal or fundamental right, and that mere participation in a selection process does not confer an enforceable right to appointment.
b) It was submitted that the Higher Education Department had referred 67 posts of Librarian to the Commission, which were duly advertised. Out of 187 applicants, 160 candidates were shortlisted and interviews were conducted between 05.03.2018 and 08.03.2018 with the assistance of subject experts.
c) The respondents stated that, pursuant to interim directions passed by the Hon'ble High Court in connected matters, a few additional candidates were permitted to appear in the interview.
Ultimately, only 55 candidates could be selected, as several candidates failed to attain the minimum qualifying standard, 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= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070 d1c28f, SERIALNUMBER= YADAV 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3 efda8, [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.03 16:38:31+05'30' :: 9 :: TA 7084/2021 resulting in vacant posts under Open Merit and reserved categories.
d) The core defence of the respondents was that the amendment to Rule 51 vide Notification dated 07.06.2017 did not alter the selection criteria but merely prescribed a minimum standard of suitability, uniformly applicable to all candidates. According to the respondents, fixation of such minimum benchmark cannot be construed as retrospective or illegal, particularly when applied at the stage of final selection.
e) It was asserted that the applicants secured 52.65 and 52.49 points, whereas the last selected candidate under Open Merit secured 57.06 points, and thus the applicants failed to fall within the selection zone on merit.
f) The respondents denied any arbitrariness, contending that the entire selection was conducted strictly in accordance with Rule 51 as amended from time to time, and that the applicants were afforded full opportunity of participation, document verification, and interview.
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= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070 d1c28f, SERIALNUMBER= YADAV 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3 efda8, [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.03 16:38:31+05'30' :: 10 :: TA 7084/2021
g) On these grounds, the respondents prayed for dismissal of the Transfer Application, asserting that no illegality, arbitrariness, or violation of constitutional provisions was involved in the selection process.
5. Heard learned counsel for the parties and perused the material available on record.
6. The present Transfer Application has arisen out of SWP No. 728/2018, which stood transferred from the Hon'ble High Court of Jammu & Kashmir and was registered as T.A. No. 7084/2021.
7. The applicants challenge their non-selection/non-recommendation to the post of Librarian in the Higher Education Department, pursuant to Advertisement Notification No. 18-PSC (DR-P) of 2016 dated 13.12.2016 for 67 posts, and seek consideration/appointment by applying the eligibility benchmark which was in force when the selection process commenced.
8. In substance, the applicants pray for directions to the respondents:
(i) to apply the eligibility benchmark of minimum 50% (Open Merit) under Rule 51 as it stood on 12.05.2016 when the advertisement was issued/selection initiated;
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= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070 d1c28f, SERIALNUMBER= YADAV 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3 efda8, [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.03 16:38:31+05'30' :: 11 :: TA 7084/2021
(ii) to quash the select list/notification to the extent the applicants were declared ineligible by applying a later benchmark of 55% introduced on 07.06.2017; and
(iii) to consider/select/appoint them against available vacancies.
9. The Higher Education Department referred 67 Librarian posts to the Commission and the same were advertised vide Notification dated 13.12.2016. The applicants, claiming requisite qualifications and experience, applied in Open Merit category and were shortlisted for interview; Applicant No.1 appeared on 05.03.2018 and Applicant No.2 on 07.03.2018. The applicants assert that at the stage of verification their experience/extra qualification (computer diploma etc.) was not properly appreciated/credited, though assurances were allegedly given to look into the same. The select list was issued vide Notification No. 16-PSC (DR-S) of 2018 dated 06.04.2018. The applicants were not recommended; their final weightage points are pleaded as 52.65 (Applicant No.1) and 52.49 (Applicant No.2).
10. The applicants' core grievance is that the Commission applied the amended minimum benchmark of 55% for Open Merit (introduced vide Notification No. 06-PSC (DR) of 2017 dated 07.06.2017), 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= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070 d1c28f, SERIALNUMBER= YADAV 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3 efda8, [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.03 16:38:31+05'30' :: 12 :: TA 7084/2021 whereas when the advertisement was issued and the process was initiated, the benchmark under Rule 51 (notification dated 12.05.2016) was 50% for Open Merit. They contend that applying 55% mid-way amounts to impermissible change of the "rules of the game". It is also pleaded that due to such benchmark, several posts remained vacant as candidates could not make the grade.
11. The Commission objects to maintainability and asserts that the applicants only had a right of consideration, which was granted; however, they failed to fall in the selection zone due to lower merit. The Commission states that interviews were conducted from 05.03.2018 to 08.03.2018 and that posts under OM and reserved categories remained vacant because candidates could not achieve minimum qualifying standard of 55% (OM) and 45% (reserved). The Commission contends that the amendment to Rule 51 only fixes a "minimum standard" and does not amount to changing selection criteria; it was uniformly applied. It is also stated that the last cut point under OM was higher (57.06) and the applicants, having 52.65 and 52.49, could not be recommended.
12. The following questions arise for consideration:
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= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070 d1c28f, SERIALNUMBER= YADAV 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3 efda8, [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.03 16:38:31+05'30' :: 13 :: TA 7084/2021
(i) Whether the minimum benchmark of suitability under Rule 51 applicable to the present selection should be the benchmark prevailing on the date of advertisement/commencement of selection process (50% for OM), or the enhanced benchmark introduced during the pendency of the process (55% for OM)?
(ii) Whether, on the facts of this case, applying the enhanced benchmark mid-way results in illegality/arbitrariness warranting interference by this Tribunal?
(iii) What relief, if any, can be granted, particularly "against available posts", without unsettling the selected candidates?
13. It is a settled proposition in service jurisprudence that the recruitment/selection process must ordinarily be governed by the rules/criteria in force on the date of advertisement/commencement of process, and that mid-way alteration--especially if it prejudicially affects candidates who entered the fray on a known set of conditions--offends the principles of fairness and equality.
14. Courts have repeatedly cautioned that the "rules of the game" cannot be changed after the game has begun. While an employer/commission 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= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070 d1c28f, SERIALNUMBER= YADAV 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3 efda8, [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.03 16:38:31+05'30' :: 14 :: TA 7084/2021 can prescribe standards, the timing and applicability of such standards cannot be arbitrary so as to defeat legitimate expectation and equal treatment of similarly situated candidates.
15. In the present matter, it is not disputed that the posts were advertised on 13.12.2016 and the applicants applied pursuant thereto. The applicants specifically plead that, at that time, Rule 51 (as amended vide notification dated 12.05.2016) required a minimum 50% for Open Merit (and 45% for reserved/PH categories) for determination of suitability. The respondents rely upon a subsequent amendment dated 07.06.2017 enhancing the benchmark to 55% for Open Merit (and maintaining 45% for reserved/PH). The interview process in the present selection was conducted much later in March 2018.
16. However, the crucial question is not the date of interview, but whether a candidate can be rendered ineligible/disqualified by a higher benchmark introduced after the selection was already set in motion.
17. The Tribunal is of the considered view that where the advertisement/selection initiation was under a declared benchmark (50% for OM), candidates acquired a legitimate 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= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070 d1c28f, SERIALNUMBER= YADAV 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3 efda8, [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.03 16:38:31+05'30' :: 15 :: TA 7084/2021 expectation that suitability would be assessed on that yardstick, unless the advertisement itself reserved a clear power to apply future amendments retrospectively. No such overriding stipulation is shown from the material relied upon in the pleadings produced before us.
18. The Commission's contention that the enhanced benchmark is only a "minimum standard" and not a "change in selection criteria" cannot, in the facts of this case, be accepted as a complete answer. A change in the qualifying benchmark that results in exclusion/disqualification of candidates who would otherwise qualify under the earlier benchmark, is not a neutral procedural adjustment; it materially affects rights of consideration and outcome.
19. The record also reflects that a number of posts remained unfilled because candidates could not make the enhanced grade. This fortifies the applicants' grievance that the later benchmark had a decisive and exclusionary impact in an ongoing selection. The applicants have pleaded that their experience and additional qualification (computer diploma etc.) were not properly credited at the verification stage.
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= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070 d1c28f, SERIALNUMBER= YADAV 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3 efda8, [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.03 16:38:31+05'30' :: 16 :: TA 7084/2021
20. While the Tribunal is not sitting as an appellate authority over awarding of marks, it is duty-bound to ensure that evaluation is not vitiated by arbitrariness, non-consideration of relevant material, or mechanical treatment.
21. Given that the applicants were admittedly shortlisted, called for interview, and then effectively ousted by applying a later benchmark, it would be in the interest of justice that their cases are revisited in a transparent manner by applying the correct benchmark and by re- checking the computation/credit of experience and admissible weightage as per the notified criteria.
22. For the reasons recorded above, this Tribunal holds that the minimum suitability benchmark of 55% (OM) introduced vide notification dated 07.06.2017 cannot be applied to disqualify/exclude candidates in a selection process that had already commenced pursuant to Advertisement Notification dated 13.12.2016, and the applicants' suitability must be examined on the benchmark prevailing at commencement i.e., 50% for Open Merit, along with due consideration of permissible weightage under the notified criteria.
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= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070 d1c28f, SERIALNUMBER= YADAV 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3 efda8, [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.03 16:38:31+05'30' :: 17 :: TA 7084/2021
23. Accordingly, the Transfer Application is allowed, with the following directions:
(i) The respondents shall reconsider the candidature of the applicants for the post of Librarian advertised vide Notification No. 18-PSC (DR-P) of 2016 dated 13.12.2016, by applying the minimum benchmark of 50% for Open Merit as was pleaded to be in force at the time of advertisement/commencement of the selection process.
(ii) While undertaking such reconsideration, the Commission shall re-
verify and re-compute the applicants' admissible weightage in respect of experience and other eligible parameters, strictly in accordance with the notified selection criteria, and shall pass a speaking order reflecting the computation.
(iii) If upon such reconsideration, the applicants are found to have made the grade and fall within the merit zone, the respondents shall recommend and appoint them against the available vacant posts of Open Merit arising out of the same selection.
(iv) Such appointment, if made, shall be without disturbing the candidates already selected/appointed under the impugned select list. In case the OM vacancies from the same selection year are no 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= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070 d1c28f, SERIALNUMBER= YADAV 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3 efda8, [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.03 16:38:31+05'30' :: 18 :: TA 7084/2021 longer available for any subsequent administrative reason, the respondents shall accommodate the applicants against the next available OM vacancies of the same cadre/post, treating the appointment as arising from the same selection, without prejudice to others already appointed.
(v) The applicants shall be entitled to notional seniority and notional fixation from the date their immediate junior (in the revised merit after reconsideration) was appointed, however, actual monetary benefits shall accrue only from the date of joining pursuant to the present order.
(vi) The entire exercise shall be completed within 12 weeks from the date of receipt of a certified copy of this order.
24. 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= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070 d1c28f, SERIALNUMBER= YADAV 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3 efda8, [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.03 16:38:31+05'30'