J&K CAT Stays Rule Mandating Knowledge Of Urdu For Naib Tehsildar Post, Calls It Prima Facie 'Discriminatory'
The Jammu and Kashmir Central Administrative Tribunal (CAT) has stayed the operation of a provision in the Jammu and Kashmir Revenue (Subordinate) Service Recruitment Rules, 2009, which mandated Graduation with knowledge of Urdu as the minimum qualification for the post of Naib Tehsildar.
The Bench comprising of Members Ram Mohan Johri and Rajinder Singh Dogra observed that the language restriction appears prima facie discriminatory, especially in light of the Jammu and Kashmir Official Languages Act, 2020, which recognizes five official languages, Urdu, Hindi, English, Kashmiri, and Dogri, for the Union Territory.
The tribunal said that "the provisions... to the extent it mandates Urdu as the exclusive language qualification, prima facie appears to be discriminatory... especially in light of the Jammu and Kashmir Official Languages Act, 2020.”
Accordingly, the Tribunal stayed the operation of the impugned language qualification in the 2009 Rules; Directed SSRB to accept applications from candidates with knowledge of any of the five official languages.
The petitioners had challenged Advertisement Notification issued by the Jammu and Kashmir Services Selection Recruitment Board (SSRB), which reiterated the Urdu-only qualification. They argued that the restriction unfairly excludes candidates proficient in other official languages, violating Articles 14 and 16 of the Constitution.
They sought a declaration that the 2009 Rules were ultra vires the Constitution, and prayed for a direction that candidates should not be disqualified solely for lacking Urdu proficiency, if they possess knowledge of any other official language.
The matter is now listed for next hearing on 13.08.2025.
APPEARANCE:
Abhinav Sharma, Sr. Adv. assisted by Mr. Abhirash Sharma for Petitioners
Mr. Rajesh Thapa (AAG), Mr. Sudesh Magotra (AAG), and Mr. Hunar Gupta (Dy. AG) appeared FOR Respondent.
Case-Title: RAJESH SINGH Vs GENERAL ADMINISTRATIVE DEPARTMENT, 2025