Jan Mohummad Bhat vs Union Territory Of Jammu And Kashmir & Ors.

JUSTICE RITU TAGORE, MEMBER [JUDL.]

The case of the applicant as projected in the O.A. is that the applicant is a graduate and holds a Bachelor of Computer Applications (BCA) degree awarded by the University of Kashmir. In the year 2008, the Directorate of Technical Education (now Skill Development) issued an advertisement, inviting applications from eligible candidates for temporary engagement on academic arrangement in the Industrial Training Institutes (ITIs) of both divisions of J&K, in various Trades, including the Trade of Information Technology and Electronic System Maintenance (IT & ESM), which is now designated as Information and Communication Technology System Maintenance (ICTSM). The prescribed qualification for the said Trade was BCA/MCA. The applicant, being eligible for the said post, duly applied for the same.

It is stated in the Original Application that, in the year 2009, vide Order No. 23 of 2009 dated 09.01.2009, the Director, Technical Education, directed the Heads of ITIs in Kashmir Division to utilize the services of Vocational Instructors for the remaining period of the academic session 2008–2009 or until regular arrangements were made against the said posts, in accordance with the Rules.

According to the applicant, he came to be engaged temporarily vide Order No. 205 of 2009 dated 27.02.2009 for conducting the IT & ESM Trade at Women ITI Lalpora, purely on academic arrangement basis. Pursuant to his engagement, the applicant submitted his joining report in the office of the Superintendent, Women ITI Lalpora, Kupwara, on 03.03.2009. Thereafter, upon consideration of the representation seeking transfer on account of his health condition and medical problem, the respondent vide order bearing No. 01- JK(DSD) of 2026 dated 02.01.2026, transferred the applicant from ITI Lalpora, Kupwara to ITI Babademb Srinagar. According to the applicant, he submitted his joining report at the Office of the respondent No.3 for further duties on 06.01.2026.

The applicant further pleaded that despite the transfer as an Instructor from ITI Lalpora to ITI Badademb, Srinagar, he was never assigned the duties commensurate to his status, qualification, experience and basic engagement/appointment.

It is further averred that, in terms of communication bearing No. ITI/Sgr/2026/E-7710567/28-29 dated 06.04.2026, addressed by Respondent No. 3 to the Joint Director, Skill Development Department, Kashmir, wherein, the trade in which the applicant has been shown to have been engaged is mentioned as “Electronic Mechanic”, the qualification against his name is also reflected as “Electronic Mechanic”, and his date of engagement is stated to be 03.03.2009. Further, the applicant submits that the entire information pertaining to him, as communicated by Respondent No. 3 to the higher authorities, is factually incorrect.

The present O.A. has been filed by the applicant before this Hon’ble Tribunal challenging the impugned Order No. 71 of 2026 dated 17.08.2026, whereby the applicant, a Vocational Instructor (Academic Arrangement), has been assigned the charge of Electronic Mechanic Trade and has further been directed to operate from Zainakote Campus of the Industrial Training Institute, Srinagar.

The Applicant has also challenged the impugned inaction/action on the part of Respondent No. 3 in not assigning him functions and duties commensurate with his status, qualification, experience and his basic engagement/appointment. Hence the present O.A.

Through the medium of the instant petition the applicant seeks for the following reliefs-

Learned counsel for the applicant argued the matter at length and submitted that the applicant would be satisfied if the present O.A. is treated as a representation and the respondents are directed to consider and decide the same within a stipulated time frame, in light of the averments made therein, along with the documents annexed and the law applicable in the instant case.

Learned counsel for the respondents, Mr. Furkan Yaqub Sofi, submits that, without prejudice to their rights and contentions, the respondents have no objection if the present O.A. is treated as a representation and is disposed of in terms of the submissions advanced on behalf of the petitioner.

Heard learned counsel for the parties.

Learned counsel for the parties are ad idem that the present O.A. may be disposed of at this stage by treating the same as a representation.

Accordingly, without expressing any opinion on the merits of the case, the present O.A. is disposed of with a direction to respondents to treat this O.A. as representation and to accord due consideration to the assertions and the claims raised therein, particularly, with regard to the assignment of duties commensurate with his status, qualification, experience and his basic engagement order made therein.

Such consideration shall be made objectively, in light of the applicant’s entitlement and the eligibility, the nature and requirement of the post in question. Further that there is no impediment. The respondents shall also take into consideration the documents annexed with the O.A. while according such consideration.

Until consideration and the disposal of the representation, the impugned Order No. 71 of 2026 dated 17.08.2026, shall not be given effect to.

The said exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order, by passing a comprehensive reasoned, speaking, and detailed order.

It is clarified that this Tribunal has not expressed any opinion on the merits of the claims or contentions raised by either side. All questions of fact and law are left open to be considered by the competent authority, in accordance with law.

Accordingly, O.A. No. 1000/2026 is disposed of along with the connected M.As., if any, parties are to bear their own costs.

Consign the file to the Record Room, after due compliance.