Urfi Jan Guhnoo vs EDUCATION on 21 October 2026

ORDER

(Oral)

Per Hon’ble Mr. M.S. Latif, Member (Judl.)

The applicants, 05 (five) in number, have filed the instant O.A. Since the cause of action and reliefs claimed by all the applicants are identical, the M.A. for joint application under Rule 4(5)(a) of the CAT (Procedure) Rules, 1987, is allowed.

2. Through the medium of the instant O.A., the applicants seek the following reliefs:

a. That this Hon'ble Tribunal may be pleased to allow and accept the instant original Application.

b. By directing the non-applicants/respondents to accord the same benefit /treatment to the applications herein in pursuance to the communication bearing No. DSEK/Legal/E7891227/918 dated 29/07/2026 whereby it was held by the department that the applicants herein are similarly situated as that of applicants no. 1, 3, 7 and 12 in case titled as Zahoor Ahmad Rather and Ors VS UT of J&K and Ors bearing O.A No. 1207/2022 who are duly figuring the Seniority List in the discipline of Environmental Science and are presently discharging their duties as I/ C Lecturer and in whose favour the School Education Department has sought documents for confirmation of their services.

c. Any other order or direction which thể Hon'ble Tribunal

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may deem fit and proper in the attending circumstances of the case, may also be passed in favour of the applicants and against the non-applicants.

3. What emerges from the pleadings made in the O.A. is that the applicants are serving as Teachers in the School Education Department and possess postgraduate qualifications in Environmental Science, acquired through Sikkim Manipal University prior to their appointment in the year 2007. It is added that, despite possessing the requisite qualifications and having rendered continuous service, their names were omitted from the Tentative Seniority List of Post Graduate (PG) Masters/Teachers in the discipline of Environmental Science issued on 30.09.2023, and such omission has also deprived them of consideration for placement as In-charge Lecturers in the said discipline.

4. It is averred that the respondent department issued Government Order No. 28-Edu of 2014 dated 04.01.2014, providing for consideration of eligible PG Masters/Teachers for placement as In-charge Lecturers. Certain eligible employees, aggrieved by the non-consideration of their claims, approached the Hon’ble High Court of Jammu and Kashmir in SWP No. 1507/2014,

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titled Zahoor Ahmad Rather & Ors. v. State of J&K & Ors. The Hon’ble High Court, vide judgment dated 12.12.2017, directed the respondents to consider the claims of the petitioners therein in the light of the aforesaid Government Order and the relevant statutory provisions.

5. It is contended in the O.A. that pursuant to the aforesaid proceedings, the Government issued Government Order No. 940- Edu of 2017, providing a mechanism for regulating placements/promotions. In furtherance thereof, eligible PG Masters/Teachers were placed as In-charge Lecturers through Government Orders dated 25.07.2019 and 16.10.2019. Subsequently, however, the Government Order No. 2189-JK(Edu) of dated 16.12.2022 was issued, whereby the placements/postings of 72 Masters/Teachers made through various Government Orders were withdrawn ab initio and the incumbents were reverted to their substantive posts of Teachers/Masters.

6. It is stated that the aforesaid Government Order dated 16.12.2022 was challenged before this Tribunal in O.A. No.

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1207/2022, titled Zahoor Ahmad Rather & Ors. v. School Education Department & Ors. The Tribunal, vide judgment dated 04.10.2024, allowed the O.A., set aside the impugned Government Order and directed the respondents to complete the process relating to confirmation of the applicants against the posts of Lecturers in Environmental Science strictly in accordance with law.

7. The applicants further rely upon a communication dated 13.09.2025 issued by the Additional Secretary (Law), School Education Department, which, has recommended that the cases of the applicants in O.A. No. 1207/2022 be placed before the One Time Exemption Committee constituted vide Government Order No. 188-JK(Edu) of 2024 dated 15.03.2024. The applicants submit that applicant Nos. 1, 3, 7 and 12 in the said O.A. had already completed their postgraduate degrees in the respective disciplines and, therefore, did not require such exemption. The present applicants contend that their cases are similar to those of applicants no. 1, 3, 7 and 12 in the said O.A., who, according to them, possess the requisite postgraduate qualifications and do not require any one-time exemption. On this basis, they claim parity

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with the said employees for consideration for placement as In- charge Lecturers in Environmental Science.

8. Learned counsel for the applicants, Ms. Howra along with Ms. Rehmat, submits that the applicants' claim regarding inclusion in the seniority list is covered by the Order passed by this Tribunal in O.A. No. 844/2023, titled Ashiq Hussain Wani & Ors. v. UT of J&K & Ors. In this regard, the applicants refer to a communication dated 24.03.2026 issued by the School Education Department, whereby service particulars, academic qualifications, PG qualification, vigilance clearance and APRs, for the last three years were sought in connection with consideration for placement as In- charge Lecturers in Environmental Science. They submit that the said proceedings are relevant to the cases of the applicants as well.

9. It is further stated that the applicants submitted a detailed representation in the year 2024 before the competent authority, seeking inclusion of their names in the seniority list of PG Masters/Teachers in Environmental Science, consideration for placement as In-charge Lecturers and extension of the same treatment as was accorded to applicants no. 1, 3, 7 and 12 in O.A.

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No. 1207/2022. As stated, despite the lapse of considerable time, the respondents have failed to consider their case.

10. It is further stated that, pursuant to the communication dated 24.03.2026, the Directorate of School Education, Kashmir, forwarded the requisite documents to the School Education Department, Civil Secretariat, vide communication No. DSEK/Legal/E-7096223/790 dated 23.06.2026, in connection with the confirmation of services of the applicants in O.A. No. 1207/2022. The applicants submit that the proceedings concerning applicants no. 1, 3, 7 and 12 in the said O.A. have accordingly been initiated and that they are similarly situated to those employees.

11. The applicants further aver that, after they again approached the respondent department with their grievance, the Directorate of School Education, Kashmir, vide communication No. DSEK/Legal/E-7891227/918 dated 29.07.2026, addressed the Commissioner/Secretary to Government, School Education Department, stating that the applicants were similarly situated to applicants no. 1, 3, 7 and 12 in O.A. No. 1207/2022 and seeking necessary instructions in the matter. As stated, despite the

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aforesaid communication and the recommendation made by the Directorate, the School Education Department has not taken any effective steps to redress their grievance.

12. In all, the grievance as projected by the applicants is that despite possessing postgraduate qualifications in Environmental Science and claiming parity with similarly situated employees whose cases for confirmation and placement as Lecturers have been processed pursuant to orders passed by this Tribunal, their names have been omitted from the relevant seniority list and their cases have not been considered for placement as In-charge Lecturers.

13. Heard.

14. At the request of learned counsel for the applicants, the O.A. is taken up for its disposal.

15. The O.A. is disposed of by providing that the respondents shall accord consideration in favour of the applicants, for their inclusion in the seniority list in the Discipline of Environmental Science and also consider their case for their promotion in accordance with their seniority and in accordance with law. The

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respondents, while deciding the case of the applicants, shall take note of the communication dated 29.07.2026, addressed by the Additional Secretary (Legal), Directorate of School Education Kashmir, to the Commissioner Secretary to the Govt. School Education Department, Kashmir. It is expected that the needful shall be done with promptitude within a period of three weeks from the date a certified copy of this Order is served upon the respondents. Needless to mention that this Court has not expressed any opinion on the merits or otherwise of the case.

16. Accordingly, O.A. No. 1161/2026 is disposed of along with all connected M.A.s, if any.

17. No order as to costs.

(M. S. Latif) Member (Judl.)

Abhishek Punia Court Master 21.10.2026

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