In a significant development that has stirred political and legal discourse in Jammu and Kashmir, the Central Administrative Tribunal (CAT) on Monday put a stay on the Jammu and Kashmir government’s controversial order that had made Urdu proficiency mandatory for candidates applying for the position of Naib Tehsildar.
The decision has been warmly welcomed by the Bharatiya Janata Party (BJP), which had been opposing the order ever since its issuance, arguing that it was both discriminatory and unconstitutional.
The party celebrated the tribunal’s intervention as a “victory of justice and equality” and a necessary step to ensure that no aspirant is excluded from public service opportunities based on language.
CAT Allows Wider Language Options for Applicants
The CAT bench — consisting of Member (Administrative) Ram Mohan Johri and Member (Judicial) Rajinder Singh Dogra — ruled that the J&K Services Selection Recruitment Board (SSRB) must accept applications from all candidates who possess a graduate degree and are proficient in any of the five official languages of the Union Territory, namely:
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Hindi
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English
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Kashmiri
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Dogri
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Urdu
This effectively nullifies, for the time being, the earlier government directive that had made Urdu knowledge a compulsory criterion for the post.
#LanguageEquality #CATJudgement
Legal Challenge to Urdu Clause: Unconstitutional, Say Petitioners
The order was challenged in the CAT by a group of applicants represented by Senior Advocate Abhinav Sharma and Advocate Abhirash Sharma, who argued that the government’s insistence on Urdu-only eligibility was “ultra vires” to the Constitution of India.
They stated that such a restriction violated the principles of equality before law and non-discrimination as enshrined in Articles 14 and 16 of the Constitution.
Their petition highlighted how imposing a monolingual condition for a public post undermined the broader vision of inclusivity in administration, especially in a region with diverse linguistic demographics.
#RightToEquality #ConstitutionalRights
BJP Protests Outside Civil Secretariat, Demands Revocation of Order
Parallel to the legal proceedings, the BJP legislative party in Jammu and Kashmir staged a dharna (protest) outside the Civil Secretariat and Assembly building on Monday. Their demand was straightforward: withdraw the order that makes Urdu a compulsory qualification for Naib Tehsildar exams.
Speaking to the press during the protest, R.S. Pathania, a senior High Court lawyer and BJP MLA, said,
“We welcome this important and just decision by the CAT. This order was both illegal and discriminatory. The stay granted is a big win for all those who were unfairly barred from applying.”
#BJPProtest #JusticeForAll
CAT Issues Notice to Government: Response Sought in 4 Weeks
As part of its interim relief, the CAT has issued formal notices to the Jammu and Kashmir government and other concerned authorities, asking them to submit their responses within four weeks. The tribunal has scheduled the next hearing for August 13, where further arguments and clarifications will be reviewed.
Until then, all aspiring candidates meeting educational criteria and possessing knowledge of any of the official languages can apply without restriction. The tribunal’s direction ensures that merit and fairness take precedence over arbitrary prerequisites.
#JudicialReview #MeritBasedHiring
BJP: “Discrimination Ended, Doors Reopened for All”
BJP leaders reiterated that the CAT’s intervention has restored linguistic equality and democratic access to government jobs. One BJP MLA stated:
“This is a moment of relief and reassurance for thousands of youth who felt unfairly excluded. There is no longer any discrimination on the basis of language. The recruitment process is now back on a level playing field.”