CAT stays mandatory Urdu clause for Naib Tehsildar posts, directs JKSSRB to allow all official languages

The Central Administrative Tribunal (CAT) has stayed the government order that made knowledge of Urdu mandatory for applying to the post of Naib Tehsildar in Jammu and Kashmir.

The CAT directed the Jammu and Kashmir Services Selection Recruitment Board (SSRB) to accept applications from candidates possessing a graduation degree with knowledge of any of the five official languages — Hindi, Kashmiri, English, Dogri, and Urdu.

A Bench of the Central Administrative Tribunal, comprising Rajinder Dogra and Ram Mohan Johri, passed the order on a petition filed by Rajesh Singh and others.

The issue of mandatory knowledge of Urdu had triggered widespread controversy in the Jammu region, where aspirants argued that making a particular language compulsory for job eligibility was discriminatory. They alleged the rule was designed to favour candidates from Kashmir Valley. BJP MLAs also staged a protest outside the Civil Secretariat on Monday, demanding the rollback of the mandatory language requirement.

In its order, the CAT stated: “The applicants, in the present petition, have sought a declaration that the Jammu and Kashmir Revenue (Subordinate) Service Recruitment Rules of 2009, to the extent they stipulate that a candidate must possess graduation with knowledge of Urdu as the minimum qualification for the post of Naib Tehsildar, is ultra vires the Constitution of India.”

The petitioners argued that the provision discriminated against candidates who have proficiency in other official languages recognised under the Jammu and Kashmir Official Languages Act, 2020, namely Hindi, Kashmiri, English, and Dogri, thereby violating the principles of equality and non-discrimination enshrined in the Constitution.

The CAT further noted that the applicants had sought directions restraining the authorities from cancelling the candidature of individuals, including the petitioners, solely on the grounds of not knowing Urdu, despite being proficient in other official languages.

“It is the petitioners’ contention that such a restriction is arbitrary and discriminatory, as the Act recognizes multiple languages as official languages of the Union Territory,” the order stated.

“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 tribunal ruled.