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Jammu, Sep 21: In T.A. No. 127/2024 titled Mamona Parveen Versus 1. Sher-e-Kashmir, University of Agricultural Sciences & Technology, Jammu & ors after hearing Hon’ble Mr. Rajinder Singh Dogra, Member-J) ordered as under:
1. The applicant has filed the instant petition before Hon’ble High Court by way of WP(C) No. 285/2024 which in view of Notification No. G.S.R. 471 (E) of the Ministry of Personal , Public Grievance and Pensions ( Department of Personnel and Training) has been transferred to this Tribunal for adjudication and wherein the applicant inter-alia is seeking for quashment of notification no. 20 (Secy) of 2024 dated 07/02/2024 issued by the respondent no. 2, whereby the applicant has been shown amongst the candidates allegedly not possessed of the eligibility conditions.
Besides the applicant is also seeking directions to the respondents to treat her eligible for the purpose of selection to the post of Technician (Farms/Labs) T1 on the basis of her qualification and merit acquired in the written examination and also belonging to the reserved category of RBA.
2. The facts of case in nutshell is that the Pursuant to the advertisement notification no.09 (Secy) of 2023 dated 19/07/2023 issued by the respondents, the applicant had applied and sought consideration for one of the post of Technician(Farms/Labs)T1 notified by the respondents. However after allowing consideration at various levels including appearance in the written examination/test the candidature of the applicant was being rejected and vide notification impugned dated 07/02/2024, the name of the applicant has been shown amongst the candidates allegedly not possessed of the eligibility condition because the RBA category certificate of the applicant was issued in her favour after the cut-off date of submission of her application.
3. Learned counsel for applicant has submitted that Aggrieved with the impugned notification dated 07/02/2024, the applicant had approached the Hon’ble High Court by way of filing WP(C) No. 285/2024 wherein vide interim order dated 16-02-2024, passed by the Hon’ble High Court, respondents have been restrained not to fill one post of Technician/Farms/Labs) T1.
The aforesaid interim order dated 16-02-2024 has further been directed to be continued by the Hon’ble Court while transferring the petition vide order dated 07-08-2024, till the matter is considered by this Tribunal.
4. Learned counsel for the applicant further contended that the besides being possessed of the educational qualification of 10+2 in Science Stream with 48.8% of marks has also undergone one year Diploma Course in Agriculture Education from the respondent-university itself in session 2019-20 and also being a resident of Village Gool Dachan, Tehsil Gool, District Ramban which in terms of the reservation rules of UT of J&K is an area duly notified as “Backward Area”, as such on the strength of the category certificate of RBA issued in her favour by the competent authority on 05/03/2018 with its validity of 5 years which comes to an end in March 2023, the applicant has responded to an advertisement notification no.09 (Secy) of 2023 dated 19/07/2023 issued by the respondents whereby amongst others 30 posts of Technician(Farms/Labs)T1 in the Pay Band + GP/ Pay Level of Rs. 52,00-20,200 + 1900, were notified for selection.
The last date for submission of the application form was notified as 23/08/2023 and the requisite qualification for the post of Technician (Farms/Lab) T1 was notified as TDC part-I (10+2 ) Science group with 50 % marks , which was however made relax able to 40% in respect of reserved categories. Candidates with one year’s training from a recognized institute of Agriculture / Horticulture and allied fields were to be preferred.
5. Learned counsel for the applicant further contends that in the application form so filled up the applicant has specifically shown her status as “Resident of Backward Area” and since the validity of the earlier certificate had expired the applicant well within the cutoff date has thus represented the competent authority for issuance of the re-validated certificate on 12/08/2023 and as a pre-requisite the income certificate was issued in her favor on 20/08/2023 and thereafter the category certificate was issued on 02/09/2023.
a. the respondents having allowed the applicant to participate in the selection process and through the applicant having figured amongst the meritorious candidates even under Open category but for want of relaxation to percentage as applicable to reserved category, the applicant vide notification impugned dated 07/02/2024 is being denied the appointment on the pleas/reasons as shown in the said impugned notification as under :-
“ I. Not recommended due to non validity of RBA certificate on the cut off date. II. Not having 50 % marks in basic essential qualification as an open candidate”
Learned counsel for respondents in their reply have stated that since during verification of documents the RBA category certificate of the applicant has been found issued after the cutoff date of receiving the online application forms, as such in terms of the conditions of the advertisement , the applicant was found not fulfilling the eligibility conditions. The respondents have thus pleaded that the impugned notification has rightly been issued thereby rejecting the candidature of the applicant.
However, the respondents have not disputed issuance of the category certificate by the competent authorities of the time in favor of the applicant or the status of the applicant as resident of backward area, as explained by her in various paragraphs of the petition.
6. Heard learned counsel for the applicant and perused the record. However, none appear for respondents despite the matter having been adjourned from 04-09-2024 to 06-09- 2024.
7. Indisputably the applicant is a resident of Village Gool Dachan, Tehsil Gool, District Ramban which in terms of the reservation rules of UT of J&K is an area duly notified as “Backward Area”.
It is further an undisputed fact that the applicant was duly possessed of the category certificate of RBA issued in her favour by the competent authority on with its validity of 5 years which however had come to an end in March 2023 and further that the applicant has again applied for issuance of the category certificate of RBA before the competent authority well before the cut off date(i.e. 23-08-2023,) shown in the advertisement notification no.09 (Secy) of 2023 dated 19/07/2023 issued by the respondents, whereas the applicant has applied for issuance of requisite certificate before the competent authority on 12-08-2023 , which however was issued in his favour on 02-09-2023 (Annexure-VI pages 34 to 37 of petition).
Moreover the applicant while filing up the application form (Annexure-V page 31 of petition)has also duly shown her category status as “ Residents of Backward area”.
The applicant admittedly was in possession of the valid category certificate before the conduct of the written examination which was conducted by the respondents on 14- 10-2024 , hence well before the completion of the recruitment process ,thereby not adversely affecting accrued right of any participating candidate.
8. learned counsel appearing for the applicant has heavily relied upon the judgment dated 27-03-2023 passed by the Hon’ble Division Bench of the Hon’ble High Court of Jammu & Kashmir in case titled WP(C) 408/2022 titled Saima Ashraf Vs Government of J&K & Ors, wherein while analyzing the legal position emerging from various landmark decisions of the Hon’ble Supreme Court as well as the Division Benches of the High Court of Jammu & Kashmir on the subject, the Hon’ble Division Bench has in unequivocal terms observed that resident/caste certificates for the purpose of submitting it on or before the cut of date cannot be equated with that of educational qualification which are obtain after passing and declaration of results by the examination conducting authorities; whereas the caste/resident certificates generally inhere in the person.
9. “ 31. While making the above observations, we have kept in mind the decisions of the Supreme Court in Dolly Chhanda (supra) which deals with belated submission of caste certificates. Though caste certificates may not be same as the residence certificates, yet they are not acquired qualities like academic qualifications, which one obtains after passing and declaration of results by the examining/competent authority.
On the other hand, caste certificates and residential certificates generally inhere in the person. Of course, unlike caste certificates, resident certificates can change with the change in the location/residence of the person.
However, till there is change in the residence/location, it will inherently be with the person concerned. Thus, unlike academic qualifications which are acquired, caste certificate or residence certificate inhere in the person.
32. For the reasons discussed above, we allow the petition by setting aside the impugned order 03.02.2022 passed by the Jammu and Kashmir Public Service Commission, Jammu regarding the candidature, as far as the petitioner is concerned, and consequently, the impugned order dated 01.03.2022 passed by the Central Administrative Tribunal, Srinagar Bench, is also set aside.
33. Accordingly, the Jammu and Kashmir Public Service Commission, Jammu, is directed to declare the result of the petitioner and, if the petitioner is found to be meritorious enough amongst the candidates applying against the posts reserved for candidates under the Resident of Backward Area (RBA) category for being included in the merit list for consideration for appointment, she shall be so included in the merit list for the purpose of giving appointment.”
10. We have gone through the aforesaid judgment of the Hon’ble High court of Jammu & Kashmir in Saima Ashraf’s case carefully and we are of the considered opinion that the legal position settled therein on the strength of the earlier decisions of the Hon’ble Apex Court as well as Hon’ble Division Benches of the High Court of Jammu & Kashmir squarely covered the case of the applicant herein.
The applicant being resident of an area identified as Backward area and having taken all possible steps for getting the certificate of her status as RBA candidate and also having duly applied as RBA category candidate and allowed to participate as such in the process thus cannot be deprived of the benefit of her belonging to the such reserved category of resident of backward area (RBA).
11. In view of the above discussions and facts and circumstances of the case this TA is allowed the impugned notification No. 20 (Secy) of 2024 dated 07/02/2024 issued by the respondent No. 2 qua the applicant is hereby quashed and set-aside.
Respondents are directed to appoint the applicant on the basis of her merit in the selection process by allowing the benefit of reserved category of RBA. The whole exercise as above shall be completed within 6 weeks from the date of receipt of certified copy of this order. 12. No order as to costs.
(RAM MOHAN JOHRI) (RAJINDER SINGH DOGRA) MEMBER (A) MEMBER (J)
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