Dr. Altaf Ahmad Ganie vs University Of Kashmir & Anr.

JUSTICE RITU TAGORE, MEMBER [JUDL.]

Learned counsel for the applicant submits that the applicant is presently serving as an Assistant Professor in the Department of Kashmiri in the University of Kashmir and has applied for the post of Professor in the Central University of Himachal Pradesh pursuant to Employment Notice No.001/2026 dated 27.03.2026. It is submitted that, being an in-service candidate, the applicant was required to have his application authenticated by the Parent University, along with issuance of the requisite No Objection Certificate (NOC) and forwarding of the duly authenticated application through the proper channel. The Central Administrative Tribunal^{applicant accordingly submitted his application form} along with the requisite documents before the respondents, which was received and acknowledged vide receipt dated 23.04.2026.

Learned counsel further submits that despite the applicant having completed the formalities required at his end, the respondents had not completed the remaining institutional formalities, including authentication of his particulars, issuance of the requisite NOC and forwarding of his application to the Recruiting University. It is submitted that repeated requests and representations made by the applicant in this regard did not yield any effective response, thereby placing his candidature at risk on account of circumstances not attributable to him.

It is further submitted that the applicant is presently under suspension in connection with FIR No.108/2025 registered at Police Station Nigeen and that the criminal proceedings arising therefrom are pending. Learned counsel submits that the applicant has not been convicted Central Administrative Tribunal^{and that the pendency of the FIR or the fact of suspension} could not, in the absence of any specific statutory or service-rule embargo, by itself justify withholding the processing or forwarding of his application. Learned counsel also refers to the orders passed by this Tribunal in O.A. No.376/2026 and the subsequent contempt proceedings, as placed on record, in support of the applicant's grievance regarding continuation/review of his suspension.

04.. However, after arguing the matter for some time, learned counsel for the applicant submits that the ends of justice would be adequately served if the present Original Application is disposed of with a direction to the respondents to treat the same as a representation and consider the remaining claims and assertions raised therein, together with the documents annexed thereto, strictly in accordance with law and within a stipulated period.

Learned counsel for the respondents, Mr. Asif Maqbool, Central Administrative Tribunal^{appearing on advance notice, submits that the University} of Kashmir has issued a communication dated 31.07.2026, whereby a No Objection Certificate (NOC) has been issued in favour of the applicant, permitting him to apply for the post of Professor in the Central University of Himachal Pradesh, subject to the stipulations contained therein. The said communication has been placed on record by learned counsel for the respondents through the Court Officer. He further submits that he has no objection if the present Original Application is disposed of with appropriate directions, without prejudice to the rights and contentions of the respondents.

Having considered the submissions made at the Bar and perused the material placed on record, this Tribunal is of the considered opinion that, in view of the subsequent development brought on record by learned counsel for the applicant and the limited prayer now made, no useful purpose would be served by keeping the present Original Application pending.

Central Administrative Tribunal^{07.Accordingly, in view of the limited prayer made on behalf} of the applicant, this Tribunal, without expressing any opinion on the merits of the case or the rival claims of the parties, deems it appropriate to dispose of the present Original Application with a direction to the respondents to treat the present Original Application as a representation and accord due consideration to the remaining claims and assertions raised therein, including the applicant’s claim relating to the processing/forwarding of his application for the post of Professor in the Central University of Himachal Pradesh, together with the documents annexed thereto.

The respondents shall associate the applicant with the aforesaid exercise and afford him an opportunity to place on record such further material or documents as he may wish to rely upon. While undertaking the aforesaid exercise, the respondents shall also take into consideration the No Objection Certificate/communication dated 31.07.2026 issued by the University of Kashmir, as well Central Administrative Tribunal^{as the documents and orders relied upon by the applicant} in support of his claim, strictly in accordance with the applicable rules, regulations and the law governing the field, subject to the applicant’s eligibility and entitlement and there being no legal impediment thereto. The respondents shall thereafter pass a detailed, reasoned and speaking order within a period of four (04) weeks from the date a certified copy of this order is served upon them.

The order so passed shall be communicated to the applicant within a period of one week thereafter.

With the aforesaid directions, the Original Application stands disposed of. Pending miscellaneous application(s), if any, shall also stand disposed of.

No order as to costs.

Registry shall consign the record to the Record Room after due compliance.