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Tribunal is justified in not granting any indulgence at the interim stage: High Court Of Jammu & Kashmir And Ladakh

The order of the Tribunal wanted that the petitioner should be allowed to sit for the interview process with further relief that one post amongst the advertised posts be kept reserved till the Original Application was decided by the Tribunal. The Hon’ble High Court Of Jammu & Kashmir And Ladakh at Srinagar before the Hon’ble Chief Justice Pankaj Mithal and the Hon’ble Mr. Justice Vinod Chatterji Koul held such in the matter of Sabah Parvaze vs. Government of Jammu & Kashmir and Others [WP ( C ) No. 1923/2021].

The facts of the case were related to the writ petition filed by the petitioner against an interlocutory order passed by the Central Administrative Tribunal, Jammu dated 20th September 2021, in Original Application No. 1409/2021 (Sabah Parvaze v. Government of Jammu and Kashmir & Ors). The Original Application was passed to hear but the interim order to the petitioner was refused by the Tribunal. The said matter was an issue regarding the selection of the post of Assistant Professors in Water Management in the Higher Education Department of the Union Territory of Jammu and Kashmir. 

The criteria and requirements for the said post according to the advertisement furnishes that the candidate must hold a good academic record with at least 55% marks and must have obtained his Master’s degree or equivalent at the master’s degree level in the relevant subject from an Indian University or equivalent degree from an accredited foreign University. The petitioner holds a Master’s degree in Hydrology. The petitioner contends that her degree was equivalent to a Master’s in the relevant subject, i.e. Water Management. 

The learned counsel, Shri Shafkat Nazir,  representing the petitioner contended that some private respondents had degrees in some other subjects but they were permitted to participate in the interview but the petitioner’s candidature was rejected. Through this writ petition, the petitioner sought to revoke the order passed by the Tribunal and allow her to sit for the interview. 

The Hon’ble High Court asserted “… we are of the opinion that the petitioner does not have a prima-facie case for grant of any interim order. Therefore, the Tribunal is justified in not granting any indulgence at the interim stage.”

Thereby, The Hon’ble High Court Of Jammu & Kashmir And Ladakh ruled out “In the facts and circumstances of the case, however, we dispose of this petition with the direction to the Central Administrative Tribunal, Jammu to proceed with the decision of the Original Application on its own merits in accordance with law most expeditiously and in the meantime, any appointment made on the post of Assistant Professor (Water Management) shall be subject to the decision of the aforesaid Original Application.”

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Judgment reviewed by Bipasha Kundu

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