Jammu & Kashmir High Court – Srinagar Bench
Union Territory Of Jammu & Kashmir vs Ifshana Rajab And Ors on 18 July, 2025
Author: Sanjeev Kumar
Bench: Sanjeev Kumar
Serial No. 22
Regular Cause List
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP (C) No. 282/2024
CM No. 637/2024
Union Territory of Jammu & Kashmir
... Petitioner(s)
Through: -
Mr Abdul Rashid Malik, Sr. AAG.
V/s
Ifshana Rajab and Ors.
... Respondent(s)
Through: –
Mr Bhat Fayaz Ahmad, Advocate for R-1.
CORAM:
Hon’ble Mr Justice Sanjeev Kumar, Judge
Hon’ble Mr Justice Sanjay Parihar, Judge
(ORDER)
18.07.2025
Sanjeev Kumar-J:
01. This is essentially a Petition filed by the Jammu & Kashmir
Services Selection Board (“the Board”) to throw challenge to an Order and
Judgment dated 28th of March, 2022 passed by the Central Administrative
Tribunal, Srinagar (“the Tribunal”) in TA No.3119/2021 titled ‘Ifshana
Rajab v. State of J&K and Ors.’, whereby the Tribunal has allowed the
Petition of the Respondent No.1 herein and directed the Board to give
additional five (05) points to the Respondent No.1 herein for M. Ed.
qualification which she possessed before the cut-off date.
02. Impugned Order and Judgment passed by the Tribunal is
challenged by the Petitioner-Board, primarily, on the ground that the benefit
of five (05) points earmarked for M. Ed. qualification were not given to the
Respondent No.1 herein for the reason that the Respondent No.1 herein had
failed to indicate the aforesaid qualification in the application form. It is
submitted that instead of M. Ed., the Respondent No.1 had indicated B. Ed.,
in addition to her B. Ed. qualification.
03. Having heard learned Counsel for the parties and perused the
material on record, we are of the considered opinion that the issue raised in
this Petition by the learned Senior Additional Advocate General appearing
for the Petitioner-Board stands already settled by this Court in LPA No.
62/2019 titled ‘J&K Services Selection Recruitment Board & Anr. v.
Naseer Ahmad Tarray & Ors.‘. The Tribunal has only followed the law
laid down in the aforesaid appeal.
04. Otherwise also, the learned Senior Additional Advocate
General, appearing for the Petitioner, could not point out any distinguishing
features in the case which would persuade us to take a view different from
the one taken by the Tribunal. The Judgment in Naseer Ahmad Tarray’s
case (supra) applies on all fours to the facts of the instant case and,
therefore, we find no illegality or infirmity in the impugned Order and
Judgment passed by the Tribunal granting the benefit of the aforesaid
Judgment to the Respondent No.1 herein.
05. For the foregoing reasons, we find no merit in this Petition and
the same is, accordingly, dismissed, along with the connected CM. Interim
direction(s), if any subsisting, as on date, shall stand vacated. The Jammu &
Kashmir Services Selection Board shall award five (05) points to
Respondent No.1 herein, in addition to the merit already obtained by her,
and, in case the Respondent No.1 makes the grade, her name shall be
forwarded to the Appointing Authority for issuance of consequential order
of appointment in her favour. Let this exercise be completed by the Board
within a period of four weeks, whereafter, the Appointing Authority, on
receipt of the recommendations from the Board, shall do the needful within
two weeks.
(Sanjay Parihar) (Sanjeev Kumar)
Judge Judge
SRINAGAR
July 18th, 2025
"TAHIR"
i. Whether the Order is approved for reporting?
Tahir Manzoor Bhat
I attest to the accuracy and
authenticity of this
document
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