Hon’ble Central Administrative Tribunal Order dated 02.06.2022 passed in OA 498/2022 titled Sajad Ahmad Dar vs UT of & Ors..

Whereas, J&K Services Selection Board vide Advertisement Notification No. 01 of 2020 dated 26.06.2020, invited applications for selection to different posts under Class IV category; and,

Whereas , as per the database available with the Board the applicant herein has applied for the post under SC (Scheduled caste) category and participated in the selection process, and accordingly after the written test, his merit position in District Cadre Bandipora (Home District) is reflected under SC category having secured 44.25 points; and,

Whereas, the J&K Services Selection Board vide No. SSB/Secy/ Class-IV/2021/4854-61 dated 08.07.2021 called the shortlisted candidates for document verification and the document verification of the applicant was conducted on 02.08.2021; and,

Whereas, on the scheduled date of verification, the applicant produced Social Caste (OBC certificate) instead of SC (Scheduled caste) certificate as such was not considered under the relevant category owing to his non possession of SC certificate. Besides, i was also decided that since the applicant has applied under SC (Scheduled caste) category at the time of filing of application form as such cannot be considered under Social Caste (OBC category).

Whereas, aggrieved of his non consideration of his category certificate, the applicant herein, has approached the Hon’ble Tribunal by way of filing OA No. OA 498/2022 titled Sajad Ahmad Dar vs UT of & Ors.and,

Whereas, the matter came up before the Hon’ble Tribunal on 02.06.2022 and the Hon’ble Tribunal upon hearing the OA, disposed Hie No.JKSSB-LEG/1U/ZUZZ-U5-SERVlCE          SEC l ) off the same as under:-

In view of the limited prayer made by the learned counsel for the applicants, O.A. is disposed off at the admission stage with direction to the respondents/ competent authority to consider the case of applicants treating the averments made in the present O.A. as representation of the applicants and dispose of the same, by passing a Reasoned and Speaking order, within a span of 2 weeks from today and decision so taken shall be communicated to the applicants forthwith. Respondents are also directed to re-verify the caste from the original certificates of the applicant and treat him accordingly. Till such time, the speaking order is passed, respondents are directed to keep one post of Class IV for DistrictBandipora, reserved..

and,

Whereas, the case of the applicant was examined by the Board and it was found that the applicant has applied under SC category at the time of filing up online application form as such cannot be considered under Social caste(OSC category) at this belated stage. Besides it was also found that the applicant herein has admitted that he has committed a mistake while filling up the application form, he should have applied under OSC category instead of SC category, the mistake cannot be rectified at the stage when the process of section for the advertised posts is on the verge of culmination.

Now, therefore, in compliance with the directions of the Honble Central Administrative Tribunal dated 02.06.2022 and having regard to the facts and circumstances explained hereinabove, the claim of the applicant has been considered by the Board with reference to the record and the Rule position and found bereft of any merit, and as such is rejected.

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