Procedural bar: CAT asks Kashmir University to take lenient view in AP appointment case
Srinagar, Jan 7: Observing that employment is a national wealth in which every eligible candidate has a right to fair consideration, the Central Administrative Tribunal (CAT) in Srinagar has asked the University of Kashmir to reconsider the case of an aspirant declared ineligible for the post of Associate Professor.
A Bench of M S Latif (Member Judicial) and Prasant Kumar (Member Administrative Me) also observed that while educational institutions are required to maintain discipline and strictly adhere to recruitment norms, a humane and equitable approach may be adopted in deserving cases to protect the legitimate interests of aspirants.
The Tribunal made the observations while disposing of a plea filed by a candidate, who had applied for the post of Associate Professor in Political Science pursuant to Advertisement Notification dated December 19, 2023.
Prior to filing of the instant petition, the candidate had petitioned the Tribunal last year that was decided in terms of a judgement dated 15-11-2025. The varsity considered the petitioner's case by passing a rejection order dated December 10, 2025, through its Deputy Registrar (Recruitment).
In the instant plea, the candidate had sought to quash the rejection order and the notice dated October 24, 2025, issued by Deputy Registrar (Recruitment) University of Kashmir declaring him ineligible as also the other condition insisting on the submission of Performance Based Appraisal System (PBAS) Proforma. The Tribunal noted that the candidate possessed the requisite qualifications and that denial of participation in the selection process solely on procedural grounds could have serious implications for an aspirant who had spent years acquiring academic credentials. The Tribunal emphasized that while candidates do not have an automatic right to appointment, they are entitled to fair consideration.
“Being cautious that we would not like to interfere in the internal discipline of the institution, which is an institution of learning......however, what is expected is a gesture of taking a lenient view in the matter, by adopting principle of equity only to allow the petitioner to participate in the process,” the Bench said.
