CAT issues notice to Kashmir University, seeks record of selection process

Srinagar, Mar 8: The Central Administrative Tribunal (CAT) in Srinagar has directed the Kashmir University to produce by April 22 the record related to appointment of a candidate as Assistant Professor (AP) under Economically Weaker Section (EWS) category in Media Education Research Centre(MERC).

A bench comprising M S Latif (Judicial Member) and Prasant Kumar( Administrative Member) sought the record in response to a plea by a candidate who alleged that the appointment of the candidate against the post was a “colorable exercise of power”.

The aggrieved candidate contends that in keeping with the advertisement notice it is specifically stipulated that for the post of EWS, candidates of unreserved category (OM) can also apply on their own risk and responsibility and their candidature is considered in case of non availability or non-suitability of a candidate under EWS.

Aggrieved candidate’s counsel, Advocate Sheikh Mushtaq, submitted that KU has appointed arbitrarily and illegally the candidate as AP against EWS position in MERC by virtue of an order dated 12-02- 2025.

He contends that the whole exercise in filling up the post is illegal, arbitrary and against the rules of fairness. “The employment is a national wealth in which every eligible candidate has a right of consideration”.

He further submits that the candidate appointed as Assistant Professor is beneficiary of an “illegal exercise” saying his appointment is against the conditions as were contained in the advertisement notice. He submits that the candidate could have been considered for selection of AP only if there was no candidate under EWS category available.

In response to a submission by the counsel representing the KU, the counsel submitted that the point of suitability would be secondary, as the foremost was availability.

He argued that the whole exercise in passing the order of appointment is a sham which has deprived the aggrieved candidate of his right to reap the fruits of his category. Moreover, he said the purpose of reservations got defeated, the way the varsity dealt with selection.

After hearing the plea, the court issued notice to KU which was accepted by its counsel, Asif Maqbool.  The Court granted him three weeks to file his detailed response to the plea.

“In the meanwhile, in order to preserve the rights of the applicant, the appointment of respondent no. 3(AP appointed) shall remain subject to the final outcome of the O.A,” the court said.  At the same time, the court directed the counsel to produce all the record pertaining to the selection including the record of the candidate appointed as AP in MERC by the next date of hearing on April 22.