Srinagar, May 10: In O.A No.1745/2021 titled Safoora Bano VS UT of J&K & Ors-reg. Order No.: 189- DSEK of 2026 Dated: 8/05/2026, Director ordered for appointment as Teacher, details with CTN read as under:-
Whereas, Jammu & Kashmir Service Selection Board vide Notification No. 06 of 2017 dated: 28.12.2018 advertised 1296 posts of teachers, out of which 70 posts were earmarked for Bandipora District, wherein 07 posts were reserved for ST category; and
Whereas, the Service Selection Board issued selection list wherein one candidate Ms. Safoora Bano D/O Juma Sheikh figured at S.No. 4 in the Select list under ST category while as Mr. Altaf Hussain Lone S/O Samad Lone figured at S.No. 1 in the waiting list under ST category; and
Whereas, recommendations in favour of Ms. Safoora Bano were subsequently withheld by the JKSSB on the pretext that her qualification degrees were overlapping and constituted an issue of dual degree; and
Whereas, Government constituted a Committee vide Order No.: 671-GAD of 2019 dated: 13.06.2019 under the Chairmanship of the Secretary to Government, Higher Education Department to deliberate upon the issue of concurrent/dual degrees possessed by various candidates.
On the receipt of recommendations of the Committee, the matter was again examined by the Service Selection Board in its 162nd meeting held on 31.01.2020, wherein it was decided as under:
"72 number of candidates have been found as having concurrent/dual degrees with clear overlapping period. In respect of such candidates, the committee was of the opinion that JKSSB may revisit their selection on the basis of only one degree that secures more points".
Whereas, accordingly the Service Selection Board vide Order No. 61 SSB of 2020 Dated: 05.02.2020 revised the select list after deduction of points obtained for the overlapping degree.
Consequently, after the deduction induced, Ms. Safoora Bano figured at S.No. 1 wait list under ST category while as Mr. Altaf Hussain Lone now figured in the select list at S.No. 7 in ST category; and Whereas, aggrieved of the action of the Service Selection Board, Ms. Safoora Bano approached the Hon'ble Central Administrative Tribunal by filling OA No. 1745/2021 titled Safoora Bano V/S UT of J&K & Ors and during the pendency of the OA, an application (M.A. 80/2024) was preferred by Altaf Hussain seeking impleadment as party respondent in the matter and the same was allowed by the Hon'ble CAT vide Order dated 16.07.2024; and Whereas, the instant OA alongwith connected MA's was dismissed by the Hon'ble CAT vide Order dated: 15.09.2025.
Post dismissal of the O.A, this office vide letter dated: 28.10.2025 read with letter dated: 31.10.2025 took up the matter with Administrative Department and requested to convey further instructions/orders in the matter; and Whereas, Administrative Department vide letter No.: EduLGLOKmr/334/2025 (7692695) dated: 14.11.2025 instructed to clarify and convey the issue/subject matter on which instructions have been sought by this Directorate as the instant OA has been dismissed by the Hon'ble CAT, Srinagar Bench and connected MAs/interim directions, if any, also stand vacated; and
Whereas, while perusing the records at the Directorate it came to fore that in a similarly situated case, TA No. 4652/2020 titled Manzoor Ahmad Dar and Others Vs UT of J&K & ors, this office sought instructions from Adm dept.
In response the Adm dept vide letter dated: 28.10.2022 intimated that the matter was taken up with the Department of Law, Justice and Parliamentary Affairs and the Law Department vide U.O No. Law/OPn2/104/2022- Lo dated: 27.10.2022, advised as under:
......" In terms of sub-rule (5) of rule 14 of the J&K Civil Services (Decentralization and Recruitment) Rules, 2010, the life of select list is one year from the date of its issuance. In the present case, the selection list has remained under stay w.e.f 24- 02-2020 till 01-08-2022 and it is a settled law that any direction of the Court should not prejudice any person.
The dismissal of the writ petition has put these candidates to a position as if they have been recommended in the selection list. Since the delay in issuing appointment orders was a result of interim directions dated 24-02-2020 passed by the Hon'ble court.
The said delay, therefore, cannot be attributed to the selectees or to the department. The period which remained pending in the court of law, merits to be excluded for the purpose of computation of period of one year.
The department may in view of the aforesaid circumstances take further necessary action in the matter accordingly."
Whereas, the instant case was accordingly, examined in this Directorate in light of the aforementioned opinion rendered by the Department of Law, Justice and Parliamentary Affairs and it was found that Mr. Altaf Hussain Lone is entitled for appointment as teacher strictly in accordance with his merit position and the supra opinion of the Law Department; and
Whereas, accordingly this Directorate vide Notification No.: DSEK/EsttBTrs/LS/390/767-71 Dated: 07.03.2026 informed Mr. Altaf Hussain Lone to submit all the Qualification Certificates/Testimonials and verification of Character & Antecedents Form (V-Roll) as prescribed by the Government vide Order No.: 528-JK(GAD) of 2021 dated: 21.06.2021 and now,satisfactory report has been received from the CID vide Form No. 149899 dated: 18.04.2026;
Now, therefore, sequel thereto the dismissal of the OA No. 1745/2021 titled Safoora Bano V/S UT of J&K and on the analogy of the decision taken in TA No. 4652/2020 titled Manzoor Ahmad Dar and Others Vs UT of J&K & Ors, and in view of the opinion of the Department of Law, Justice and Parlimentary affairs and after the receipt of satisfactory Character and Antecedents report from CID, sanction is hereby accorded to the appointment of Mr. Altaf Hussain Lone S/O Samad Lone R/O Gujran Gurez, District Bandipora against the post of Teacher in the Pay Level-5 (29200-92300) and is posted in Government Middle School Gujran, Tulail Bandipora against available vacancy.
The conditions of probation, pay and allowances and fixation of initial tenure shall be governed by Jammu & Kashmir Probationer (Condition of service, pay and allowances) and fixation of tenure rules issued vide S.O 192 of 2020 Dated 17.06.2020 read with Govt. Order No. 654- JK(GAD) of 2020 Dated 19.06.2020.
The appointee shall report in the Office of Chief Education Officer, Bandipora within a period of 21 days from the date of issuance of this order and shall be allowed to join only on production of the following documents/ certificates (in original) to be verified subsequently:
i. Academic Qualification Certificate. ii. Date of Birth Certificate. iii. Health Certificate from the Chief Medical Officer of the District. iv. Domicile Certificate. v. No Loan Certificate under Self Employment Scheme from DIC concerned and Employment Department. vi. Undertaking regarding no criminal records. The appointment of the appointee shall further be subject to the following conditions:
1. If, on verification of the qualification certificates/DOB and other documents form the concerned issuing authority are proved fake/forged, the claim of the appointee for appointment as (Teacher) shall be deemed to have been cancelled ab-initio and the legal action as warranted under rules shall be initiated against him.
2. The salary of the appointee shall not be drawn and disbursed to him unless satisfactory report in respect of qualification/other certificates are received from the concerned issuing authority.
3. If, the candidate fails to join within a period of twenty one (21) days from the date of issuance of order, he shall forego right to appointment which shall be shall deemed to have been cancelled abinitio without any further notice.
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