Zulfkar Ali Bhat vs University Of Kashmir & Ors.

JUSTICE RITU TAGORE, MEMBER [JUDL.]

The facts of the case, as projected in the O.A., is that the post of Coach (Kayaking & Canoeing) in the Directorate of Physical Education & Sports, University of Kashmir, was initially advertised vide Advertisement Notice No. 02 of 2018 dated 16.05.2018 (Post Code: PGD-PE-5), for which the applicant had duly submitted his application. The said selection process, however, was not concluded, inter alia, on the ground that the number of eligible candidates was less than five, although at that time there were two eligible candidates for the post, one of whom has since become over-aged and, consequently, ineligible.

After a prolonged delay of several years, the respondents issued Advertisement Notice No. 12 of 2026 dated 07.05.2026, re-inviting applications for one Unreserved (UR) post of Coach (Kayaking & Canoeing) (Post Code: PGD-PE-17). The applicant, possessing the requisite qualifications, duly submitted his application within the stipulated time. Upon screening of the applications, the applicant was declared the sole eligible candidate for the said post, while all other applicants were found ineligible for want of the prescribed qualifications.

The applicant further states that despite his having fulfilled all the eligibility criteria prescribed in the advertisement, Respondent No. 2 issued the impugned notice dated 12.08.2026, whereby the selection process was scrapped and the post was proposed to be re-advertised on the ground of an “insufficient number of eligible candidates”. The said decision was taken by the respondents by invoking Clause C of Notification No. F/NT-GenScheme-2025/KU/25 dated 17.12.2025 (Annexure-III), which provides for re-advertisement of a post where fewer than five candidates are found eligible.

Learned counsel for the applicant submits that the aforesaid condition has been mechanically applied by the respondents without appreciating the peculiar facts and circumstances of the case, particularly when the applicant was found to be the only candidate fulfilling all the prescribed eligibility conditions. She further contends that the respondents, having scrutinized his candidature and declared him eligible for the post, could not have arbitrarily scrapped the selection process merely on the ground that the number of eligible candidates was less than five, particularly when the earlier selection process had already remained inconclusive for several years.

The applicant, feeling aggrieved by the impugned action of the respondents in scrapping the selection process and proposing to re-advertise the post despite, being declared the sole eligible candidate, has filed the present O.A., seeking appropriate directions from this Tribunal.

Through the medium of the instant petition the petitioner 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 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 made therein, in light of the law holding the field, and subject to the entitlement and eligibility of the applicant, as well as other applicable conditions and rules and regulations. Further, if there is no impediment. Respondents shall also take into consideration the documents specifically including Notices/Circulars, annexed with the O.A. while according such consideration.

The said exercise shall be completed within a period of eight (8) 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. 981/2026 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.