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

Sr. No. 34 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CJ Court Sabah Parvaze WPNo. 1923 2021 Through: Mr. Shafkat Nazir Advocate Government of Jammu & Kashmir and Through: Mr. D. C. Raina Advocate General with Mr. Sajad Ashraf GA. CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE VINOD CHATTERJI KOUL JUDGE O R D E R 1. Heard Shri Shafkat Nazir learned counsel for the petitioner Shri D. C. Raina learned Advocate General for the Union Territory of J&K. 2. The petitioner has preferred this writ petition against an interlocutory order passed by the Central Administrative Tribunal Jammu dated 20th September 2021 in Original Application No. 1409 2021 No. 1923 2021 Page | 1 5. The advertisement provides that a candidate for the said post must possess a good academic record with at least 55% marks and must have obtained his Masters degree or equivalent grade in a point scale where grading system is followed at the masters degree level in the relevant subject from an Indian University or equivalent degree from an accredited foreign University. In short the requirement is Masters degree in the relevant subject or an equivalent grade in the Masters degree. 6. The petitioner is having Masters degree in Hydrology and contends that the degree is equivalent to Masters in the relevant subject i.e. Water Management. 7. The submission of the learned counsel appearing for the petitioner is that some of the private respondents are having degrees in some other subjects but they have been allowed to participate in the interview but her candidature have been rejected as not eligible. 8. In this background petitioner has preferred the Original Application before the Central Administrative Tribunal Jammu wherein by the impugned order her application for grant of interim order has been rejected. 9. The petitioner through this petition in seeking for the quashing of the order of the Tribunal want that she should be allowed to participate in interview process with further relief that one post amongst the advertised posts be kept reserved till her the Original Application is decided by the Tribunal. WPNo. 1923 2021 Page | 2 10. The minimum qualification ex facie required for the post of Assistant Professor in Water Management is Masters degree in the relevant subject. The petitioner is not holding the Masters degree in Water Management and the degree she holds has not been accepted as equivalent to the same. 11. In view of the above 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. 12. 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 shall be subject to the decision of the aforesaid Original Application. VINOD CHATTERJI KOUL) JUDGE CHIEF JUSTICE Srinagar “Abdul Rashid” WPNo. 1923 2021 Page | 3 

Summary: 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 &amp; 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 &amp; 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 &amp; 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 &amp; 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.”