In TA No. 127/2024 titled Mamona Parveen Versus 1. Sher-e-Kashmir, University of Agricultural Sciences and Technology, Jammu etc. after hearing the Hon’ble Mr. Rajinder Singh Dogra (J Member), the order is as follows:
1. The applicant has filed this application in the High Court vide WP(C) No. 285/2024 which has been referred to this Court for determination in view of the notification No. GSR 471(E) of the Department of Personal, Public Grievances and Pensions (Department of Personnel and Training) and is seeking inter alia quashing of the notification No. 20 of 2024 (Secretary) dated 7.2.2024 issued by the respondent No. 2 whereby the applicant is shown to be among the candidates who do not meet the eligibility criteria.
Further, the applicant has also requested the respondents to rate her as eligible for selection as T1 Technician (Farm/Laboratory) on the basis of her qualifications and marks obtained in the written examination and she also falls under the reserved category of RBA.
2. The facts of the case are summarized as follows: The applicant had applied and sought consideration for one of the posts of Technician (Farm/Laboratory) T1 notified by the defendant in terms of Advertisement Notification No. 09 of 2023 (Secretary) dated 19.07.2023. However, after consideration at all levels including appearing for written examination/test, the candidature of the applicant was rejected and in terms of the impugned notification dated 07.02.2024, the applicant’s name has been included among the candidates who were allegedly ineligible as the applicant’s RBA category certificate was issued to her after the closing date for submission of her application.
3. Counsel for the applicant submitted that the applicant being aggrieved by the impugned notification dated 7.02.2024 had moved the High Court by filing WP(C) No. 285/2024 wherein the respondent was restrained from filling up the post of one Technician/Farm/Lab) T1 by virtue of the interim order passed by the High Court on 16.02.2024.
The Hon’ble Court also directed that the said interim order dated 16.02.2024 be continued while the petition was transferred by order dated 07.08.2024 till the matter is heard by this Court.
4. Counsel for the applicant further contended that besides possessing 10+2 degree in Science with 48.8% marks, she had completed one year Diploma in Agriculture Education from the respondent University in the academic session 2019-20 and being a resident of Gool Dachan village in Tehsil Gool, Ramban district which is officially declared as a “backward area” under the reservation rules of the UT of Jammu and Kashmir and therefore, in terms of the RBA category certificate issued to her by the competent authority on 5.03.2018 which was valid for 5 years and would expire in March 2023, the applicant had responded to the advertisement notification No.09 of 2023 issued by the respondent (Secretary) dated 19.07.2023 for 30 posts of Technician (Farm/Lab) T1 with pay scale of Rs.52,000-20,900/- and had been notified for selection.
The last deadline for submission of application forms is August 23, 2023. The requisite qualification for the post of Technician (Farm/Lab) T1 is TDC Part I (10+2) Science Group with 50% marks, but for reserved categories, the marks can be relaxed up to 40%. Preference will be given to candidates who have undergone one year of training in a recognized institution in agriculture/horticulture and allied fields.
5. The counsel for the applicant further contended that in the application form filled, the applicant had clearly indicated her status as a “resident of backward areas” and since the validity of the earlier certificate had expired, the applicant had obtained a revalidated certificate issued on behalf of the competent authority on 12.08.2023 before the due date and as a prerequisite, a revenue certificate was issued to her on 20.08.2023 and subsequently a category certificate was issued on 2.09.2023.
a. The respondent allowed the applicant to participate in the selection process and since the applicant had emerged as one of the meritorious candidates in the open category, but due to non-relaxation in the percentage applicable to the reserved category, the applicant was refused appointment vide the impugned notification dated 07.02.2024, on the grounds/reasons as shown in the said impugned notification:-
“I. Not recommended as RBA certificate is not valid before the deadline. II. Not having achieved 50% in the basic qualification exam as an open candidate”
In his reply, the counsel for the defendants submitted that since it was found during the process of document verification that the applicant’s RBA Class Certificate was issued after the closing date for receipt of the online application form, the applicant did not meet the eligibility criteria as per the conditions of the advertisement. The defendants therefore contended that the impugned notification was properly issued, thereby rejecting the applicant’s candidature.
The respondent, however, has not raised any objection to the class certificate issued to the applicant by the competent authority at that time or to the applicant’s status as a resident of a backward area, as explained in various paragraphs of her petition.
6. Heard counsel for the applicant and perused the record. However, despite the adjournment of the case from 04.09.2024 to 06.09.2024, the accused did not appear before the Court.
7. It is not in dispute that the applicant is a resident of Gurdachan village, Gur town, Ramban district, which is officially termed as a “backward area” under the reservation rules of the UP State of Jammu and Kashmir.
It is further undisputed fact that the applicant was duly in possession of RBA Class Certificate issued to it by the competent authority for a period of 5 years but the same expired in March 2023 and the applicant had again applied to the competent authority for the issuance of RBA Class Certificate before the due date i.e. 23rd August 2023 as indicated in Advertisement Notice No. 09 of 2023 (Secy) issued by the respondent on 19th July 2023 and the applicant had applied to the competent authority for the issuance of the necessary certificate on 12th August 2023 but the same was issued to it only on 2nd September 2023 (Annexure VI to the petition pages 34 to 37).
Besides, the applicant, while filling the application form (page 31 of Annexure V to the application), also truthfully stated that his category identity was “resident of backward area”.
The applicant admitted that the applicant was in possession of a valid category certificate prior to the written examination conducted by the respondent on 14.10.2024, i.e. before the completion of the recruitment process, and therefore, there would be no adverse impact on the accrued rights of any participating candidate.
8. Counsel for the applicants relied primarily on the judgment of a Division Bench of the Jammu and Kashmir High Court in the case of WP(C) 408/2022 dated 27.03.2023 in Saima Ashraf v. Government of Jammu and Kashmir or Others wherein, analysing the legal position in various landmark judgments of the Supreme Court and the Division Bench of the Jammu and Kashmir High Court on the issue, the Division Bench had clearly observed that a residency/caste certificate submitted on or before the due date cannot be equated with the academic qualification conferred after passing the examination and the results being declared by the examining body; whereas a caste/residency certificate generally belongs to an individual.
9. “31. In making the above observations, we have borne in mind the judgment of the Supreme Court in Dolly Chhanda’s case (supra) regarding delay in filing of caste certificate. Though caste certificates may be different from residence certificates, they are not acquired qualifications like academic qualifications, which are obtained after passing an examination/competent body and declaring the result.
On the other hand, caste proof and residence proof are generally inherent to an individual. Of course, unlike caste proof, residence proof can change as the location/residence of an individual changes.
However, the inherent ownership remains with the person concerned until such time as there is a change in residence/location. Thus, unlike the academic qualifications obtained, the caste proof or residence proof is inherent to the individual.
32. For the reasons stated above, we allow the petition and as far as the petitioners are concerned, set aside the impugned order dated 03.02.2022 passed by the Jammu and Kashmir Public Service Commission regarding the eligibility of the said candidature and, accordingly, 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 is directed to declare the result of the petitioner and if the petitioner is found to have sufficient merit among the candidates applying for posts reserved for candidates under the category of Residents of Backward Areas (RBA) to be included in the merit list for consideration for appointment, she shall be included in the merit list for the purpose of appointment.”
10. We have carefully examined the aforesaid judgment rendered by the Jammu and Kashmir High Court in Seema Ashraf’s case and are of the view that the said judgment, which is based on the earlier judgments of the Supreme Court as well as the Division Bench of the Jammu and Kashmir High Court, has laid down the legal position which fully covers the case of the applicants in the present case.
The applicant is a resident of a backward area and has taken all possible steps to obtain a certificate of RBA candidate status and has duly applied to become a candidate of the RBA category and has been allowed to participate in the application process in that capacity and therefore, the benefit of her belonging to the reserved category of resident of backward areas (RBA) cannot be deprived.
11. In view of the above discussion and the facts and circumstances of the case, this TA allows the impugned notice No. 20 (Secretary) dated 07.02.2024 issued by the respondent 2, which is hereby quashed.
The respondents are directed to appoint the applicant on the basis of her merit in the selection process and grant her the benefits of the reserved category under RBA. The entire process as aforesaid shall be completed within 6 weeks from the date of receipt of the 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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