A tribunal in Jammu and Kashmir has held as “discriminatory” a government notification making Urdu compulsory for naib tehsildar exams in the union territory, instead saying that applications from candidates with knowledge of any of the five official languages in the Jammu and Kashmir Official Languages Act, 2020, should be considered.
The decision from Central Administrative Tribunal came on the back of a petition filed by job seekers who were aggrieved by Jammu and Kashmir Services Selection Board (JKSSB)’s order on applications for the position of naib tehsildar. The J&K’s five official languages include Hindi, Urdu, English, Kashmiri and Dogri.
In its notification on June 9 for 75 revenue posts, the JKSSB specified that paper two of the exam will comprise checking the candidate’s “working knowledge of Urdu”.
Significantly, almost all the revenue records and land settlements in Jammu and Kashmir are in Urdu, and naib tehsildars, being revenue officials, are expected to be well-versed with this language.
In its order, a CAT bench comprising Member (Judicial) Rajinder Dogra and Ram Mohan Johri (Member Administrative) said: “We are of the considered view that the provisions of the Jammu and Kashmir Revenue (Subordinate) Service Recruitment Rules of 2009, to the extent it mandates Urdu as the exclusive language qualification, prima facie appears to be discriminatory, especially in the light of the provisions of Jammu and Kashmir Official Languages Act, 2020”.
This came after counsels for the applicants, senior advocate Abhinav Sharma with advocate Abhirash Sharma, made their arguments in court. The UT was represented by Additional Advocate Generals (AAGs) Rajesh Thappa and Sudesh Magotra, besides Deputy AG Hunar Gupta.
“This court hereby stays the operation of the relevant provisions of the Jammu and Kashmir Revenue (Subordinate) Service Recruitment Rules of 2009, insofar as they mandate Graduation with knowledge of Urdu as the minimum qualification for the post of Naib Tehsildar,” the Bench held while issuing notices to the respondents to file their reply within four weeks.
The case has been fixed for August 13.
Story continues below this ad
The Opposition Bharatiya Janata Party welcomed the decision, calling the order “illegal and discriminatory”
“It is our victory,” advocate R S Pathania, a BJP leader and a former MLA from Ramnagar in Udhampur, told reporters here.
The BJP legislative party had held a dharna in front of the Civil Secretariat and the Legislative Assembly Complex Monday to protest the government order to make Urdu compulsory for naib tehsildar examinations in Jammu and Kashmir.
