Central Administrative Tribunal - Jammu
Ashish Kumar Sharma vs D/O Education Ut Of J & K on 12 March, 2026
:: 1 :: TA 3068/2020 & OA 356/2022
CENTRAL ADMINISTRATIVE TRIBUNAL
JAMMU BENCH, JAMMU (RESERVED)
Hearing through video conferencing
Transfer Application No. 3068/2020 & OA 356/2022
Reserved on: - 25.09.2025
Pronounced on: - 12.03.2026
HON'BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)
HON'BLE MR. RAM MOHAN JOHRI, MEMBER (A)
1. TA/3068/2020
Ashish Kumar Sharma Aged 34 yrs, Son of Sh. Om Parkash R/o Ward
n.3, Sunderbani, Near Girls Higher Secondary School, Sunderbani
District Rajouri.
...Applicant
(Advocate: - Mr. Waheed Choudhary)
Versus
1. State of Jammu & Kashmir, Through Commissioner/Secretary,
Higher Education Department, Civil Secretariat, Jammu.
2. J&K Public Service Commission, Rehsam Ghar Colony, Bakshi Nagar
Jammu through its Secretary.
3. Chairman, J&K Public Service Commission, Rehsam Ghar Colony,
Bakshi Nagar Jammu.
...Respondents
HARSHIT Digitally signed by
YADAV HARSHIT YADAV
:: 2 :: TA 3068/2020 & OA 356/2022
(Advocate:- Ms. Rajesh Thappa, AAG, Mr. Sudesh Magotra, AAG,
Mr. F A Natnoo)
4. OA/356/2022
Dr. Ashish Kumar Sharma, Age 37 years S/o Sh. Om Parkash,
R/o Ward No. 3 Sundarbani, Near Girls Higher Secondary School,
Sunderbani District Rajouri.
...Applicant
(Advocate: - Mr. Waheed Choudhary)
Versus
1. UT of Jammu and Kashmir, Through
Commissioner/Secretary General Administrative Department, Civil
Secretariat Jammu. 180001
2. J&K Public Service Commission Through its Secretary Resham
Ghar Colony Bakshi Nagar, Jammu. 180001
3. Chairman J&K Public Service Commission Resham Ghar Colony,
Bakshi Nagar Jammu.180001
4. Additional Secretary General Administrative Department Civil
Secretariat Jammu.
5. Under Secretary General Administrative Department, Civil
Secretariat Jammu. 180001.
...Respondents
(Advocate:- Ms. Rajesh Thappa, AAG, Mr. Sudesh Magotra, AAG,
Mr. F A Natnoo)
HARSHIT Digitally signed by
YADAV HARSHIT YADAV
:: 3 :: TA 3068/2020 & OA 356/2022
ORDER
Per: - Rajinder Singh Dogra, Judicial Member
1. The SWP No.574/2019 was transferred from the Hon'ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.3068/2020 & 356/2022 respectively by the Registry of this Tribunal.
2. The present matter was filed before the Hon'ble High Court seeking following relief: -
1. TA/3068/2020 In view of the submissions made herein above and those to be urged at the time of hearing, it is most respectfully praved that the Hon'ble Court may very graciously be pleased to allow the present petition by granting the following reliefs in favour of the petitioner and against the respondents with costs in the interest of justice:
(a) An appropriate writ, order or direction in the nature of writ of mandamus commanding the respondents 2 and 3 to declare the petitioner as selected to the post of Assistant Professor, Applied Math under open merit category against available HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 4 :: TA 3068/2020 & OA 356/2022 vacancy in reference to notification no. 10-PSC (DR-P) of 2017 dated 27.10.2017 by re-calculating/awarding the marks/ points earmarked for Research and Publications by taking into consideration 09 publications of the petitioner which stand duly approved by the UGC and submitted before the Interview Panel at the time of interview but could not be considered in the process of selection/interview,
(b) An appropriate writ, order or direction in the nature of writ of mandamus commanding the respondents 2 to 3 to recommend the name of the petitioner after declaring him selected to the post of Assistant Professor, Applied Math under open merit category in reference to notification no. 10-PSC (DR-P) of 2017 dated 27.10.2017 and to direct the respondent no.1 to issue appointment order in favour of the petitioner against available vacancy.
(c) Any appropriate writ, order or direction in the nature of writ of prohibition restraining the respondents from re-
advertising two posts of Assistant Professor, Applied Math HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 5 :: TA 3068/2020 & OA 356/2022 under open merit category till the case of the petitioner is considered and decided.
(d) Any other relief, which this Hon'ble Court in the facts and circumstances of the case deems fit and proper.
2. TA/356/2022 That in view of the aforementioned facts and the grounds, the applicant humbly and respectfully pray for the following reliefs:-
a. To quashment of order no. GAD-MTGORBIV/200/2021-09- GAD dated 03.02.2022 with respect to the posts of Assistant Professor applied Math Under open merit category in reference to notification 10 PSC (DR-P) OF 2017 DATED 27.10.2017 and not to re-advertise the same afresh as the Hon'ble High Court of J&K in SWP No. 574/2019 LA NO. 01/2019 in case titled Ashish Kumar Sharma Vs. State of J&K and Ors. has directed not to re-advertize one post of Assistant Professor in pursuance to the notification NO. 10 PSC (DR-P) OF 2017 DATED 27.10.2017.
b. Any other relief, order or judgment which this Hon'ble Court/Tribunal in the facts and circumstances of the case deems fit and proper.
3. The facts of the case as pleaded by the petitioner in his pleadings are as follows: -
a) The applicant, Dr. Ashish Kumar Sharma, a resident of District Rajouri, claims to be eligible and qualified for appointment to HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 6 :: TA 3068/2020 & OA 356/2022 the post of Assistant Professor in the discipline of Applied Mathematics in the Higher Education Department of the then State of Jammu and Kashmir. He asserts that he possesses the requisite academic qualifications and research credentials and was eligible to participate in the recruitment process initiated by the Jammu and Kashmir Public Service Commission.
b) In pursuance of a requisition received from the Higher Education Department, the Jammu and Kashmir Public Service Commission issued Advertisement Notification No. 10-PSC (DR-P) of 2017 dated 27.10.2017 inviting applications for five posts of Assistant Professor in Applied Mathematics. Out of these five posts, three were earmarked for the Open Merit category, one for RBA category and one for SC category.
c) Being eligible, the applicant applied for the said post under the Open Merit category. The selection process, as provided in the advertisement, was to be conducted in accordance with Rule 51 of the J&K Public Service Commission (Business and Procedure) Rules, 1980 as amended, and in terms of the relevant notifications and clarifications issued by the University HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 7 :: TA 3068/2020 & OA 356/2022 Grants Commission. Under the applicable criteria, research publications were to be awarded marks, with a maximum of four points being allotted for research papers published in UGC-approved journals at the rate of 0.50 marks for each publication.
d) After scrutiny of applications received from the eligible candidates, the Commission issued a short-listing notice dated 17.01.2019 for the purpose of conducting interviews. The name of the applicant figured in the list of shortlisted candidates and he was called for interview on 31.01.2019.
e) The applicant participated in the interview process and submitted details of his research credentials before the Interview Board. According to the applicant, he had published nine research papers in UGC-approved journals and placed the relevant publications before the Selection Committee for consideration.
f) After completion of the interview process, the Public Service Commission issued Notification No. 31-PSC (DR-S) of 2019 dated 07.03.2019 declaring the result of the selection process.
HARSHIT Digitally signed by
YADAV HARSHIT YADAV
:: 8 :: TA 3068/2020 & OA 356/2022
The result indicated that only one post of Assistant Professor in Applied Mathematics under the Open Merit category had been filled, while the remaining two posts under the same category remained unfilled. The applicant did not figure in the select list. The merit list appended with the notification showed that the applicant had secured 53.79 marks out of 100.
g) The grievance of the applicant is that the Selection Committee failed to award him full marks for his research publications. According to him, since he had produced nine research papers published in UGC-approved journals, he was entitled to the maximum of four marks for research publications. However, the Commission awarded him only two marks under this head. The applicant asserts that if the remaining two marks had been awarded to him, his total score would have exceeded 55 percent, which is the prescribed benchmark for qualifying the selection process under the Open Merit category. He contends that the denial of these marks resulted in his non-selection.
h) After declaration of the result, the applicant approached the Commission and sought clarification regarding the marks HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 9 :: TA 3068/2020 & OA 356/2022 awarded to him. According to the applicant, he was informed that some of his publications had not been considered due to an oversight and the matter would be looked into. The applicant thereafter submitted a written representation dated 09.03.2019 requesting reconsideration of the marks awarded to him for research publications.
i) As no action was taken on his representation, the applicant approached the Hon'ble High Court of Jammu and Kashmir by filing SWP No. 574/2019. The Hon'ble High Court, while issuing notice in the matter, passed an interim order dated 20.03.2019 directing the respondents not to re-advertise one post of Assistant Professor in Applied Mathematics and also to consider redrawing the merit of the applicant with regard to research publications.
j) Subsequently, upon the reorganization of the erstwhile State of Jammu and Kashmir and constitution of the Central Administrative Tribunal for service matters, the said writ petition came to be transferred to this Tribunal and was registered as Transfer Application No. 3068/2020.
HARSHIT Digitally signed by
YADAV HARSHIT YADAV
:: 10 :: TA 3068/2020 & OA 356/2022
k) During the pendency of the proceedings, the Government
issued Government Order No. GAD-MTGORBIV/200/2021- 09-GAD dated 03.02.2022 in pursuance of Administrative Council Decision No. 01/01/2022 dated 29.01.2022. By virtue of the said decision, all posts referred to recruiting agencies prior to 31.10.2019, in respect of which selections had not been finalized or where litigation was pending, were deemed to have been withdrawn.
l) Aggrieved by the said order insofar as it affected the posts of Assistant Professor in Applied Mathematics advertised under the 2017 notification, the applicant filed Original Application No. 356/2022 seeking quashing of the Government Order dated 03.02.2022 and praying that the remaining posts should not be re-advertised afresh in view of the interim protection granted earlier by the Hon'ble High Court.
3. The respondents have filed their reply statement wherein they have averred as follows: -
HARSHIT Digitally signed by
YADAV HARSHIT YADAV
:: 11 :: TA 3068/2020 & OA 356/2022
a) The respondents have contested the claim of the applicant and
have filed their reply resisting the relief sought in the application.
b) At the outset, the respondents have raised preliminary objections regarding the maintainability of the application. It is contended that the applicant has failed to establish violation of any fundamental, legal or statutory right and therefore the present application is liable to be dismissed. The respondents have also alleged that the applicant has not approached the Tribunal with clean hands and has suppressed material facts.
c) On merits, the respondents submit that the Jammu and Kashmir Public Service Commission had issued Advertisement Notification No. 10-PSC (DR-P) of 2017 dated 27.10.2017 inviting applications for five posts of Assistant Professor in Applied Mathematics, out of which three posts were under Open Merit category, one under RBA category and one under SC category.
d) The respondents state that interviews of the eligible candidates were conducted on 31.01.2019 and the result of the selection HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 12 :: TA 3068/2020 & OA 356/2022 process was declared vide Notification dated 07.03.2019. According to the respondents, only one candidate under the Open Merit category and one candidate under the RBA category qualified the prescribed benchmark and were accordingly selected. Two posts under the Open Merit category and one post under the SC category remained unfilled as no candidate from those categories could secure the minimum qualifying benchmark of 55 percent.
e) It is further submitted that the applicant secured only 53.79 marks out of 100 and thus failed to reach the qualifying benchmark of 55 percent required for selection under the Open Merit category. The respondents deny the allegation that the research publications of the applicant were not considered. According to the respondents, all documents submitted by the applicant were duly evaluated and marks were awarded in accordance with the criteria prescribed under the J&K Public Service Commission (Business and Procedure) Rules, 1980.
f) The respondents have also placed reliance on the evaluation sheet to contend that the applicant was awarded marks for his HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 13 :: TA 3068/2020 & OA 356/2022 research papers, books, book chapters and conference presentations strictly in accordance with the prescribed norms. It is asserted that the claim of the applicant regarding non- consideration of his publications is factually incorrect.
g) With regard to the interim directions issued by the Hon'ble High Court on 20.03.2019, the respondents submit that the said directions were duly complied with and one post under the Open Merit category was not re-advertised. However, the request of the applicant for redrawing of merit could not be accepted as the evaluation had already been conducted strictly in accordance with the rules and no error was found upon reconsideration.
h) In respect of the challenge to Government Order dated 03.02.2022, the respondents submit that the said order was issued pursuant to a policy decision of the Administrative Council dated 29.01.2022 whereby all posts referred to recruiting agencies prior to 31.10.2019, in respect of which selections had not been finalized or where litigation was pending, were withdrawn in view of the reorganization of the HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 14 :: TA 3068/2020 & OA 356/2022 erstwhile State and consequent changes in cadre strength, recruitment rules and reservation policy.
i) It is contended that the applicant has no vested right to claim appointment merely because he participated in the selection process. Reliance has been placed upon the judgment of the Hon'ble Supreme Court in State of A.P. vs. D. Dastagiri, wherein it was held that even if a selection process has been undertaken, candidates do not acquire a vested right to appointment if the recruitment process is cancelled or withdrawn as a matter of policy.
j) On these grounds, the respondents have prayed that the Transfer Application as well as the Original Application be dismissed as being devoid of merit.
4. Heard learned counsel for the parties and perused the material available on record.
5. The present matter arises out of two connected proceedings, namely Transfer Application No. 3068/2020 and Original Application No. 356/2022 filed by the applicant Dr. Ashish Kumar Sharma challenging the action of the respondents in not properly considering HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 15 :: TA 3068/2020 & OA 356/2022 his research publications in the selection process for the post of Assistant Professor in Applied Mathematics and the subsequent withdrawal of the posts by the Government. Since both matters arise out of the same selection process and involve identical questions of fact and law, they are taken up together and are being disposed of by this common order.
6. The case of the applicant is that the Jammu and Kashmir Public Service Commission issued Advertisement Notification No. 10-PSC (DR-P) of 2017 dated 27.10.2017 inviting applications for five posts of Assistant Professor in the discipline of Applied Mathematics in the Higher Education Department. Out of these five posts, three posts were meant for the Open Merit category. The applicant, being eligible and possessing the requisite academic qualifications, applied for the said post under the Open Merit category.
7. After scrutiny of the applications, the Commission issued a short-
listing notice dated 17.01.2019 and called eligible candidates for interview. The name of the applicant figured in the list of shortlisted candidates and he participated in the interview held on 31.01.2019. During the interview process, the applicant produced details of his HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 16 :: TA 3068/2020 & OA 356/2022 research publications and submitted copies of his research papers published in UGC approved journals before the Selection Committee. According to the applicant, he had produced nine research papers published in UGC approved journals and therefore he was entitled to full marks earmarked for research publications under the applicable selection criteria.
8. After completion of the interview process, the Public Service Commission issued Notification No. 31-PSC (DR-S) of 2019 dated 07.03.2019 declaring the result of the selection process. As per the said notification, only one post under the Open Merit category was filled up while the remaining two posts remained unfilled. The applicant did not find place in the select list. The merit list indicated that the applicant had secured 53.79 marks out of 100.
9. The grievance of the applicant is that the respondents failed to properly consider all his research publications and awarded him only two marks instead of four marks under the head "research and publications". According to the applicant, if the correct marks had been awarded to him, his total marks would have crossed the qualifying benchmark of 55 percent required for selection under the HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 17 :: TA 3068/2020 & OA 356/2022 Open Merit category and he would have been selected against one of the available vacancies. The applicant submitted a representation dated 09.03.2019 requesting the respondents to reconsider the marks awarded to him for research publications, however no decision was taken on the said representation.
10. Aggrieved by the inaction of the respondents, the applicant approached the Hon'ble High Court of Jammu and Kashmir by filing SWP No. 574/2019. The Hon'ble High Court, while issuing notice in the matter, passed an interim order dated 20.03.2019 directing the respondents not to re-advertise one post of Assistant Professor in Applied Mathematics and also to consider redrawing the merit of the applicant with regard to research publications. Subsequently, upon the establishment of the Central Administrative Tribunal for service matters relating to the Union Territory of Jammu and Kashmir, the said writ petition came to be transferred to this Tribunal and was registered as Transfer Application No. 3068/2020.
11. During the pendency of the proceedings, the Government issued Government Order dated 03.02.2022 pursuant to the decision of the Administrative Council dated 29.01.2022, whereby it was decided that HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 18 :: TA 3068/2020 & OA 356/2022 all posts referred to recruiting agencies prior to 31.10.2019 in respect of which selections had not been finalized or where litigation was pending would be deemed to have been withdrawn. Aggrieved by the said decision, the applicant filed Original Application No. 356/2022 seeking quashing of the said Government order insofar as it relates to the posts of Assistant Professor in Applied Mathematics advertised under Notification dated 27.10.2017.
12. The respondents have contested the claim of the applicant and submitted that the selection process was conducted strictly in accordance with the prescribed rules and criteria. According to the respondents, the applicant secured only 53.79 marks and failed to achieve the benchmark of 55 percent required for selection under the Open Merit category. It has been further stated that all the research papers and other credentials submitted by the applicant were duly evaluated by the Selection Committee and marks were awarded accordingly. The respondents have also justified the withdrawal of posts on the basis of the Administrative Council decision taken after the reorganisation of the erstwhile State of Jammu and Kashmir and consequent changes in cadre strength and recruitment rules.
HARSHIT Digitally signed by
YADAV HARSHIT YADAV
:: 19 :: TA 3068/2020 & OA 356/2022
13. From the record it is evident that the applicant had participated in the selection process and had placed his research publications before the Selection Committee at the time of interview. The selection criteria clearly provided that marks were to be awarded for research publications published in UGC approved journals. The case of the applicant is that he had submitted nine such publications and therefore he was entitled to the maximum marks prescribed under the rules. The respondents have not been able to clearly demonstrate from the record that all the publications produced by the applicant were duly examined and evaluated in accordance with the prescribed criteria.
14. It is also an admitted position that out of the three posts earmarked for the Open Merit category, only one post was filled up and two posts remained vacant. In such a situation, if there was any error or oversight in evaluating the research publications of the applicant, the same ought to have been corrected by the respondents when the applicant submitted his representation immediately after declaration of the result. Failure to examine the grievance of the applicant despite specific representation and the interim direction of the Hon'ble High HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 20 :: TA 3068/2020 & OA 356/2022 Court indicates that the matter was not properly reconsidered by the authorities concerned.
15. It is well settled that while courts and tribunals normally do not interfere with the assessment made by expert bodies, interference is justified where the decision-making process suffers from arbitrariness, non-consideration of relevant material or failure to follow the prescribed rules. The action of the respondents in not reconsidering the applicant's claim despite the interim direction of the Hon'ble High Court cannot be sustained in law.
16. The subsequent decision of the Government dated 03.02.2022 withdrawing posts referred to recruiting agencies cannot be applied mechanically to defeat a claim which was already pending adjudication before the Court and where an interim protection had already been granted by the Hon'ble High Court. Once the matter was sub-judice and the Court had directed the respondents not to re- advertise one of the posts and to reconsider the claim of the applicant, the authorities were expected to comply with the said directions in letter and spirit. Issuance of the impugned order during the pendency of litigation has the effect of frustrating the judicial process and HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 21 :: TA 3068/2020 & OA 356/2022 therefore cannot be sustained to that extent. Considering the totality of circumstances, we are of the opinion that the grievance raised by the applicant deserves to be accepted.
17. Accordingly, Transfer Application No. 3068/2020 as well as Original Application No. 356/2022 are allowed.
18. The respondents are directed to reconsider and re-evaluate the research publications submitted by the applicant strictly in accordance with the applicable selection criteria governing Advertisement Notification No. 10-PSC (DR-P) of 2017 dated 27.10.2017. If upon such re-evaluation the applicant secures the required benchmark marks and falls within the zone of selection, the respondents shall declare the applicant as selected and issue the necessary recommendation and appointment order against one of the available posts of Assistant Professor in Applied Mathematics under the Open Merit category.
19. The respondents shall also ensure that one post which was protected by the interim order of the Hon'ble High Court shall not be treated as withdrawn for the purpose of implementing this judgment.
HARSHIT Digitally signed by
YADAV HARSHIT YADAV
:: 22 :: TA 3068/2020 & OA 356/2022
20. The aforesaid exercise shall be completed within a period of three months from the date of receipt of a copy of this order.
21. No order as to costs.
(RAM MOHAN JOHRI) (RAJINDER SINGH DOGRA) Administrative Member Judicial Member /harshit/ HARSHIT Digitally signed by YADAV HARSHIT YADAV