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Jammu, Aug 26: In O.A./1193/2026 (JAMMU) titled SARJEET KUMAR Vs GENERAL ADMINISTRATIVE DEPARTMENT after hearing CAT ordered as under:
Mr. Abhinav Sharma learned Sr. counsel for the applicant submitted that in pursuance to One Hundred and Third Constitutional Amendment Act, 2019 the Jammu and Kashmir Reservation Act, 2004 was amended and accordingly, categories and classes belonging to EWS were to be notified by excluding such set of persons who belong to ST, SC category or any members of Socially and Educationally Backward Classes (RBA, ALC/IB and other Social Castes) as defined under clause (m), (n), (o) of Section 2 of J&K Reservation Act, 2004.
Accordingly, the J&K Reservation Rules, 2005 were also amended wherein a definition of Economically Weaker Section (EWS) was provided. After coming into force of these provisions and introduction of EWS category, a situation of uncertainty arose in the UT of J&K regarding issuance of EWS certificate for Reservation in Central Govt. Institutions and State Govt. Institutions and owing to this, the Tehsildar concerned in various areas of UT were issuing EWS Certificate as per Central Govt. format instead of State Govt. format and based on these EWS certificates, a number of persons were selected by J&K PSC and J&K SSB. Learned Sr. counsel further submitted that the applicant belongs to village Jatheli of District Doda, which is a backward area and was issued RBA category certificate on 24.01.2022 by Tehsildar Mohalla, which had validity of five year from the date of its issuance. Pursuant to the advertisement notification dated 01.03.2023 of J&K PSC advertised for 13 posts of Assistant Professor (English) in the Department of Higher Education, wherein 2 posts were earmarked for RBA, the applicant applied for the said post under RBA Category.
He further submitted that before initiation of the selection process, in terms of the aforesaid advertisement notice, the applicant made an application before Tehsildar Mohalla, for issuance of Income and Asset Certificate for EWS Reservation and the same was issued to him on 06.04.2023.
Thereafter, a subsequent advertisement notification dated 15.05.2023 was issued by J&K PSC for the post of Assistant Professor under various disciplines, including 27 posts for English Subject, out of which three posts were kept reserved for candidates belonging to EWS Category.
In response to notification dated 15.05.2023, the applicant applied under EWS Category since he was in possession of EWS category certificate. The applicant participated in the common written examination conducted pursuant to both advertisements and was thereafter called for and appeared in interview.
The applicant came to be selected in pursuance to advertisement notification dated 15.05.2023 under EWS Category only and accordingly, was appointed vide order dated 04.02.2025 issued by respondent no. 2 as Assistant Professor (English) in Higher Education Department and since then he has been continuously performing his duties in Govt. Degree College Kilhotran, District Doda.
In the meantime, the Princial, Govt. Degree College, Kilhotran issued a letter to Tehsildar Mohalla for confirmation of genuineness of EWS certificate issued in the name of applicant and the Tehsildar Mohalla vide letter dated 22.09.2025 responded that the certificate of the applicant is not genuine.
Based on the said letter dated 22.09.2025 of Tehsildar Mohalla, respondent no. 2 issued a show cause notice to the applicant as to why his appointment be not cancelled.
The applicant submitted his response to the said show cause notice by narrating the entire facts of the case and submitted that there has been no misrepresentation or forgery or fabrication towards issuance of EWS certificate in his favor.
Thereafter, the matter was referred by the Higher Education Department to the GAD who advised them to proceed in terms of instruction issued by circular dated 13.09.2024. Thereafter, the Respondent no. 2 issued order dated 12.06.2026 (impugned), whereby the appointment of the applicant as Assistant Professor (English) under EWS category in the Higher Education Department was cancelled ab-initio.
It is further argued by the learned Sr. counsel that the circular dated 13.09.2024 of GAD is on the issue of ab-initio cancellation of appointments of such persons who have submitted fake/ forge documents for the purpose of obtaining public employment and while cancelling the appointment of the applicant,
it was never the case of the respondents that the EWS certificate issued to the applicant was fake and forged.
Learned Sr. counsel also argued that even if it is presumed that the issuance of EWS certificate in the name of applicant is due to certain shortcomings on part of revenue officials and the applicant was not entitled for EWS certificate on account of being a member of RBA Category, his appointment as Assistant Professor (English) cannot be cancelled at this juncture as no fault can be attributed to the applicant if any irregularity has crept in at the time of issuance of said certificate.
He also submitted that applicant has disclosed all the facts to the PSC as the provisional select list dated 03.11.2023 which contained the overall result sheet of the candidates showed the reserve category of the applicant qua advertisement notice dated 01.03.2023 was reflected as RBA Category and the reserved category qua advertisement notice dated 15.05.2023 was reflected as EWS Category and based upon his candidature under EWS category, the applicant was selected as Assistant Professor by J&K PSC.
Further, at the time of selecting the applicant as Assistant Professor, the Respondents were conscious of the fact that applicant was holding RBA Category certificate as well as EWS Category certificate, yet the process of selection and appointment was carried out by the respondents.
While concluding his arguments, learned Sr. counsel stated that cancellation of his appointment would cause grave prejudice to the applicant, particularly when the applicant's candidature was duly considered and he was already into service and has been discharging his duties for the last more than 16 months pursuant to the appointment so made.
In support of his submission, learned Sr. counsel has relied upon the judgments of Hon'ble Supreme Court of India in the case of Vikas Pratap Singh V. State of Chhattisgarh and connected matters (Annexure-A19), Tridip Kumar Dingal V. State of West Bengal and also placed on record a copy of the order dated 28.11.2024 passed by this Tribunal in O.A. No. 482 of 2024.
Issue notices to the Respondents. Mr. Sudesh Magotra, Mr. Rajesh Thappa, learned AAGs, Mr. Hunar Gupta, learned DAG and Mr. F A Natnoo, learned counsel appear and accept notices on behalf of respondent No. 1, respondents no. 2, 3 and 5, respondent no. 6 and respondent no. 4 respectively. Learned counsels for the respondents prayed for some time to file the reply. Heard and considered.
Having considered the submission and in view of the facts and circumstances of the case, a prima facie case for indulgence of this Tribunal is made out in favour of the applicant.
Accordingly, as in interim measure, subject to objections from the other side and till next date of hearing, the operation of the impugned order Government Order No. 175- JK(HE) of 2026 dated 12.06.2026 is stayed and applicant shall be allowed to perform his duties as Assistant Professor (English) at Govt. Degree College Kilhotran, Doda.
Further, respondents shall release due and admissble salary of the applicant as per rules. List this case on 30.09.2026.
Pragya Sahay Saksena Member (A) Sanjeev Gupta Member (J)
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