The High Court of Jammu and Kashmir and Ladakh has clarified a key legal principle concerning eligibility for government posts. The Division Bench of Justice Sanjeev Kumar and Justice Sanjay Parihar ruled that if the required experience for a post is not directly linked to the prescribed educational qualification, such experience can be acquired either before or after attaining that qualification.
“Where the experience prescribed is capable of being acquired even without a particular educational qualification, in such a situation the experience acquired prior to acquiring the qualification can hold good.” — J&K High Court
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The case arose from a selection process initiated by the J&K Services Selection Board (SSB) in 2012, which invited applications for the post of Junior Instructor in Carpet Weaving in Bandipora district. The eligibility included matriculation and ten years of experience in the trade, with a practical test.
Both petitioner Sajad Ahmad Bhat and respondent Mehraj Ahmad Dar applied and participated in the process. Dar scored higher—39.0667 points versus Bhat’s 25.2000—and was placed on the waiting list. When the original selectee Abid Hussain Malla chose a different post, Dar was appointed as Junior Instructor.
Bhat challenged this appointment, arguing that Dar could not have completed ten years of experience by 2012 since he had passed matriculation only in 2006. He claimed that this meant Dar's experience was from before matriculation, essentially as a minor, and thus invalid.
The Court firmly disagreed.
“The experience in Carpet Weaving has no nexus or relation with the educational qualification prescribed for the post… to say a candidate must acquire experience after matriculation is not the correct interpretation.” — Justice Sanjeev Kumar
The judges emphasized that Carpet Weaving is a traditional household trade in Kashmir, commonly practiced from a young age. Therefore, it is possible and valid for candidates to gain expertise before or during formal schooling. The Court also stressed that the practical test required by the SSB was a valid tool to assess real experience.
“Mere possession of experience is not enough unless it is tested by experts in a practical test.” — J&K High Court
Since Mehraj Ahmad Dar had not only submitted experience certificates but also outperformed the petitioner in the practical test, the Court found no merit in the petition. The Tribunal’s dismissal of Bhat’s challenge was upheld.
“Viewed from any angle, we find no legal infirmity or error in the judgment impugned passed by the Tribunal.” — J&K High Court
Case Title: Sajad Ahmad Bhat Vs UT of J&K
