Pranav B Prem

The Jammu Bench of the Central Administrative Tribunal (CAT), comprising Members Ram Mohan Johri and Rajinder Singh Dogra, has stayed the operation of the language requirement in the Jammu and Kashmir Revenue (Subordinate) Service Recruitment Rules, 2009, which mandates “Graduation with knowledge of Urdu” as the essential qualification for the post of Naib Tehsildar. The Tribunal held that this condition, in light of the Jammu and Kashmir Official Languages Act, 2020, appeared prima facie discriminatory and directed that candidates with knowledge of any of the five official languages should be allowed to apply.

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The interim order was passed in response to an Original Application (OA) filed by 22 petitioners, who had challenged Clause 6(ii) of the Advertisement Notification No. 05 of 2025 dated 09.06.2025 issued by the Jammu and Kashmir Services Selection Board (JKSSB). This clause required applicants to have a degree with knowledge of Urdu. The petitioners also assailed Rule 8(ii) of the Jammu and Kashmir Revenue (Subordinate) Service Recruitment Rules, 2009, which incorporated the same requirement.

The petitioners argued that the 2009 Rules and the impugned advertisement fail to reflect the linguistic diversity now recognized under the Jammu and Kashmir Official Languages Act, 2020, which designates Urdu, Hindi, English, Kashmiri, and Dogri as the five official languages of the Union Territory. They contended that limiting eligibility for a public post only to candidates knowing Urdu, despite the statutory recognition of other languages, violates Articles 14 and 16 of the Constitution of India, and results in arbitrary exclusion of otherwise qualified candidates.

Senior Advocate Abhinav Sharma, appearing for the petitioners, submitted that the petitioners possess educational qualifications and knowledge in one or more of the other official languages but are being disqualified solely due to not knowing Urdu. He submitted that this restriction amounts to an unreasonable classification with no rational nexus to the objectives of public service or administrative efficiency. He emphasized that the post of Naib Tehsildar is a revenue-related administrative position and not a linguistic post that mandates exclusive proficiency in a particular language.

The Tribunal noted that the petitioners had made out a prima facie case and highlighted the larger constitutional issue involved in limiting access to public employment based on knowledge of only one of the official languages recognized by law. In its observation, the Tribunal remarked: "The provision... 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."

It further observed that the rights under Article 16 regarding equal opportunity in matters of public employment could not be subverted through statutory rules that deny eligibility based on arbitrary linguistic preferences, particularly when the law itself recognizes a multilingual framework.

On being satisfied that the matter involves substantial questions regarding constitutional rights and public employment eligibility, the Tribunal issued an interim stay on the application of the Urdu language requirement under Rule 8(ii) of the 2009 Rules, as well as under Clause 6(ii) of the JKSSB advertisement.

Consequently, the Jammu and Kashmir Services Selection Board was directed to accept applications from candidates who possess graduation degrees and knowledge of any of the five official languages recognized by the Jammu and Kashmir Official Languages Act, 2020.

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On the government’s side, Additional Advocate General Rajesh Thapa, Additional Advocate General Sudesh Magotra, and Deputy Advocate General Hunar Gupta appeared for various respondents and accepted notices. The Tribunal directed the respondents to file their replies within a period of four weeks. The matter is now posted 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.

Cause Title: Rajesh Singh V. General Administrative Department, 2025

Case No: O.A./975/2025 (JAMMU)

Coram: Shri. Ram Mohan Johri, Shri. Rajinder Singh Dogra