After shifting of Service Matter from J&K High Court to Central Administrative Tribunal, the first case was heard by the Central Administrative Tribunal in which, Judicial Member Sanjeev Kaushik after hearing Adv Aditya Sharma through Virtual Mode restrained respondents from filling up one post in open category in selection of Lab Assistants for adjustment of applicant, if he finally succeeds.

While keeping the one post reserved, Judicial Member Sanjeev Kaushik observed that Judicial Member Sanjeev Kaushik observed that petitioner   challenged the impugned select list for the post of Lab Assistant (Health & Medical Education Department), Divisional Cadre Jammu, in pursuance of item No. 260 of Notification No. 05/2015 dated 1.9.2015 published on 21.4.2020 (Annexure I), on various grounds, inter-alia, that  number of candidates selected for the post in question do not possess the Diploma recognized by the J&K Medical Council and as such it is illegal.

CAT issue notice to Union Territory of Jammu and Kashmir, through Commissioner-cum-Secretary,Health and Medical Education Department, SSRB through its Secretary Sekhari Bhawan Jammu and J&K Paramedical Council Through its Secretary Government Medical College Bakshi Nagar,Jammu, returnable for July 9, 2020.

CAT further observed that counsel for the applicant has also prayed for grant of interim relief to stay the impugned select list. He submits that since the applicant is eligible in terms of the requisite  qualifications recognized by the competent Board,  as such irreparable loss and injury would be caused if stay is not granted in his favour.

Judicial Member Central Administrtive Tribunal  after considering the facts and circumstances, it would not be proper and in the interest of justice to stay the entire selection list. However,  it would be suffice if court  restrains the respondents from filling up one post in open category for adjustment of applicant, if he finally succeeds.  Ordered accordingly.