Central Administrative Tribunal - Jammu
Virender Singh vs D/O Higher Education Ut Of J&K on 3 February, 2026
:: 1 :: TA 1014/2021
CENTRAL ADMINISTRATIVE TRIBUNAL
JAMMU BENCH, JAMMU (RESERVED)
Hearing through video conferencing
Transfer Application No. 1014/2021
Reserved on: - 11.09.2025
Pronounced on: - 03.02.2026
HON'BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)
HON'BLE MR. RAM MOHAN JOHRI, MEMBER (A)
1. Virender Singh, Age 28 years,
S/o Shri Ashok Kumar
R/o House No. 25, Ward No. 9, Vijaypur, Tehsil Vijaypur District
Samba.
2. Bhumesh Sharma, Age 29 years,
S/o Shri Romesh Lal, R/o Village Supwal, P. O. Sujwan, Tehsil
Vijaypur District Samba.
...Applicants
(Advocate: - Mr. K S JOHAL)
Versus
1. The State of Jammu and Kashmir Through Commissioner /
Secretary to Government; Higher Education Department, Civil
Secretariat , Jammu/ Srinagar.
2. Secretary, J&K Public Service Commission, Jammu / Srinagar.
3. Director Colleges, Higher Education Department, J&K
Government, Civil Secretariat, Jammu / Srinagar.
Digitally signed by HARSHIT YADAV
HARSHIT
DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master,
PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="
Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone=
f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f,
SERIALNUMBER=
317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8,
YADAV
[email protected], CN=HARSHIT YADAV
Reason: I am the author of this document
Location:
Date: 2026.02.04 10:43:22+05'30'
Foxit PDF Reader Version: 2025.2.0
:: 2 :: TA 1014/2021
4. Namreen Rasool, W/o Dr. Mukhtar Ah. Khanday, Department of
Mathematics, University of Kashmir, Srinagar.
5. Nidhi Suri, D/o Subash Chander Suri, H. No. 119/F Pipal Wali
Street, Pacca Danga, Jammu.
6. Tawheeda Rasool, D/o Ghulam Rasool Bhat, Fazal-Haq Colony
Batpora, Hazratbal, Srinagar.
7. Ambika Bhat,
D/o Manohar Krishan Bhat, R/o Durga Nagar Enclave, Sector-1,
H.NO. 12 , Lane-1 , Jammu.
8. Pawan Kumar, S/o Rachpal Chand, R/o Dharm Khoo P/o Gharota,
Tehsil & District Jammu.
9. Virendar pal singh, S/o Jaspal Siongh,
R/o Village Bandhu Rakh, P/o Gangyal, District Jammu.
10.Farooq Ahmad Shiekh, S/o Sh. Ab Salam Shiekh, R/o Murran
Pulwama, Kashmir.
11. Shakeel Ahmed, S/o Sh. Mohd Nazir, Department of Mathematics,
National Institute of Technology, Srinagar.
12.Pankaj Mansotra, S/o Sh. Mohinder Kumar Mansotra, R/o Village
Plail P/o Banhore, Tehsil Billawar, District Kathua.
13.Mohd Akhlaq,
S/o Sh. Abdul Aziz, R/o Thanamang, Darhal Malkan,
Tehsil Darhal, District Rajouri.
14. Sanjay Kumar, S/o Sh. Balak Ram, C/o Dr. Romesh Kumar,
Department of Mathematics, University of Jammu, Jammu.
15.Ms. Renu, D/o Sh. Om Prakash,, R/o Ward No. 17, Ramnik Vihar,
Police Line Road, Kathua, Tehsil and District Kathua.
Digitally signed by HARSHIT YADAV
HARSHIT
DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master,
PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="
Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone=
f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f,
SERIALNUMBER=
317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8,
YADAV
[email protected], CN=HARSHIT YADAV
Reason: I am the author of this document
Location:
Date: 2026.02.04 10:43:22+05'30'
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:: 3 :: TA 1014/2021
16.University Grants Commission, Through its Secretary,
Bahadur Shah Zafar Marg, New delhi-110002.
...Respondents
(Advocate:- Mr. RAJESH THAPPA Ld. AAG, Mr. F.A. Natnoo)
Digitally signed by HARSHIT YADAV
HARSHIT
DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master,
PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="
Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone=
f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f,
SERIALNUMBER=
317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8,
YADAV
[email protected], CN=HARSHIT YADAV
Reason: I am the author of this document
Location:
Date: 2026.02.04 10:43:22+05'30'
Foxit PDF Reader Version: 2025.2.0
:: 4 :: TA 1014/2021
ORDER
Per: - Rajinder Singh Dogra, Judicial Member
1. The SWP/WPC/2658/2016 was transferred from the Hon'ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.1014/2021 by the Registry of this Tribunal.
2. The present matter was filed before the Hon'ble High Court seeking following relief: -
IN THE PREMISES It is, therefore, respectfully prayed that for the reasons stated hereinabove and those to be urged at the time of hearing, by issuing appropriate writ, direction or order in the nature of writ of certiorari:-
(1) Select list issued vide Notification 19-PSC(DRS) of 2016 dated 29.06.2016 by the respondent No. 2 in so far as it pertains to the private respondents No. 4 to 13 herein;
(ii) Select list issued vide Notification No. 23-PSC(DR-S) of 2016 dated 19.09.2016 pertaining to respondents No. 14 & 15.
(iii) Order of appointment issued vide Government Order No. 268-HE of 2016 dated 16.08.2016 in so far as it pertains to private respondents No. 4 to 13.
be quashed.
AND By issuance of further appropriate writ, direction or order in the nature of Writ of Mandamus the respondents be commanded:-
Digitally signed by HARSHIT YADAV
HARSHIT DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="
Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.04 10:43:22+05'30' Foxit PDF Reader Version: 2025.2.0 :: 5 :: TA 1014/2021
i) to remove the private respondents No. 4 to 13 from their appointment as Assistant Professors Mathematics in the Department of Higher Education;
ii) to direct the officials respondents to make appointment of the petitioners;
AND By issuance of further appropriate writ, direction or order in the nature of Writ of Prohibition:-
i) the official respondents restrained to allow the private respondents any benefits of the service on account of their selection and appointment and allow them to further substantive appointment after the period of probation of 2 years.
The official respondents be restrained from making appointment of the private respondents No. 14 & 15 on the basis of the Notification No. 23-PSC(DR-S) of 2016 dated 19.09.2016.
or
ii) In the alternative; by issuance of further appropriate writ, direction or order in the nature of Mandamus; the notification dated 4th of May, 2016 issued by the University Grants Commission being the University Grants Commission on Minimum qualification for appointment of Teachers and other Academic Staff for Universities and Colleges and Measures for the maintenance of standards in Higher Education (3rd Amend Regulation) 2016 issued under No. F1- 2/2016(PS)Amendment in so far as it relaxes the condition of award of degrees to candidates for M. Phil/Ph. D. programme prior to July 11, 2009 and exempt them from the mandatory requirement of minimum eligibility condition of NET/SLET/SET for as recruitment and appointment Assistant Professor or equivalent position in Universities / Colleges / Institutions. as indicated in Regulation 3.3.1 of the vires the notification as Digitally signed by HARSHIT YADAV HARSHIT DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="
Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.04 10:43:22+05'30' Foxit PDF Reader Version: 2025.2.0 :: 6 :: TA 1014/2021 ultra Constitution of India and the provisions of the J&K Education (Gazetted) College Service Recruitment Rules, 2008; OR; further
iii) In the alternative, the respondents be directed to read down the regulation 3.3.1 of the notification prospectively and not retrospectively much less contrary to the eligibility conditions as prescribed in the SRO 124 viz. the J&K Education (Gazetted) College Service Recruitment Rules, 2008 for the post of Assistant Professors wherein the exemption from the requirement of minimum qualification of NET/SLET/SET has been granted to those Ph. D candidates who or have been granted Ph.D. degree in accordance with the UGC Minimum Standard and Procedure for Award of Ph.D. Degree Regulation, 2009.
WITH Such other additional or alternative order as this Hon'ble Court deems fit and proper in the facts and circumstances of the case be passed in favour of the petitioners.
3. The facts of the case as pleaded by the petitioners in their pleadings are as follows: -
a) The present Transfer Application arises out of SWP No. 2658/2016, originally filed before the Hon'ble High Court of Jammu & Kashmir at Jammu, which upon reorganisation of the State stood transferred to this Tribunal and registered as T.A. No. 1014/2021.
b) The applicants are permanent residents of the erstwhile State of Jammu and Kashmir and are citizens of India. They claim Digitally signed by HARSHIT YADAV HARSHIT DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="
Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.04 10:43:22+05'30' Foxit PDF Reader Version: 2025.2.0 :: 7 :: TA 1014/2021 protection of their fundamental, statutory, and legal rights under the Constitution. Both applicants are post-graduates in Mathematics and possess the qualification of NET. Applicant No.1 completed his M.Sc. (Mathematics) in the year 2011 and qualified NET/JRF in 2012, whereas Applicant No.2 completed his M.Sc. (Mathematics) in 2010 and qualified NET in 2014.
c) The Jammu and Kashmir Public Service Commission issued Advertisement Notification No. 12-PSC(DR-P) of 2014 dated 29.05.2014 inviting applications for the post of Assistant Professor in various disciplines in Government Degree Colleges. In the discipline of Mathematics, 49 posts were advertised across different categories, including Open Merit, RBA, SC, ST, ALC and physically handicapped categories. The essential qualification prescribed under the advertisement, which was based upon the Jammu and Kashmir Education (Gazetted) College Service Recruitment Rules, 2008 (as amended vide SRO-124 dated 21.04.2014), mandated NET/SLET/SET as the minimum eligibility condition, with exemption only to those Ph.D. candidates who had obtained Digitally signed by HARSHIT YADAV HARSHIT DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="
Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.04 10:43:22+05'30' Foxit PDF Reader Version: 2025.2.0 :: 8 :: TA 1014/2021 their degrees strictly in accordance with the UGC (Minimum Standards and Procedure for Award of Ph.D Degree) Regulations, 2009.
d) The applicants, being fully eligible, applied for the said posts.
After scrutiny, the Commission shortlisted candidates in terms of Rule 40-II(b) of the J&K PSC (Business & Procedure) Rules, 1980. Both applicants were shortlisted under the Open Merit category and were subsequently called for interview. They duly participated in the interview process conducted in January 2016.
e) During the course of selection, the Commission insisted upon production of Ph.D degrees strictly compliant with the UGC Regulations, 2009 for candidates claiming exemption from NET/SLET/SET. Several candidates were declared ineligible and their candidature rejected for non-compliance. However, subsequent to the issuance of UGC (3rd Amendment) Regulations, 2016 dated 04.05.2016, the Commission permitted certain candidates, who had obtained Ph.D degrees prior to July 2009 under earlier institutional regulations, to submit Minimum Digitally signed by HARSHIT YADAV HARSHIT DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="
Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.04 10:43:22+05'30' Foxit PDF Reader Version: 2025.2.0 :: 9 :: TA 1014/2021 Standards and Procedure (MSP) certificates and appear in interviews.
f) The applicants contend that this amounted to an impermissible relaxation of eligibility conditions after commencement of the recruitment process, contrary to the Recruitment Rules of 2008 and settled principles of service jurisprudence. They assert that the UGC (3rd Amendment) Regulations, 2016 were prospective in nature and could not be applied retrospectively to an advertisement issued in 2014. According to them, only those candidates who had obtained Ph.D degrees in strict compliance with the 2009 Regulations were eligible for exemption from NET, and any dilution of this requirement was illegal.
g) The final select list issued vide Notification No. 29-PSC(DR-S) of 2016 dated 29.06.2016 did not include the applicants.
Applicant No.1 was placed in the waiting list, whereas Applicant No.2 was not selected at all. Subsequently, vide Notification No. 23-PSC(DR-S) of 2016 dated 19.09.2016, additional candidates were included in the select list after submission of MSP certificates. Appointments were made in Digitally signed by HARSHIT YADAV HARSHIT DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="
Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.04 10:43:22+05'30' Foxit PDF Reader Version: 2025.2.0 :: 10 :: TA 1014/2021 favour of private respondents vide Government Order No. 268- HE of 2016 dated 16.08.2016.
h) Aggrieved, the applicants challenged the selection and appointment of private respondents on the ground that they were ineligible as per the Recruitment Rules of 2008 read with UGC Regulations, 2009, and that the application of UGC Regulations, 2016 to an ongoing recruitment process was arbitrary, unconstitutional, and violative of Articles 14 and 16 of the Constitution of India.
4. The respondents have filed their reply statement wherein they have averred as follows: -
a) The respondents have filed a comprehensive reply opposing the Transfer Application and raising preliminary as well as substantive objections.
b) At the outset, it is submitted that the applicants have no vested or indefeasible right to appointment. Their only enforceable right was the right of consideration, which stood fully satisfied once they were allowed to participate in the selection process, Digitally signed by HARSHIT YADAV HARSHIT DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="
Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.04 10:43:22+05'30' Foxit PDF Reader Version: 2025.2.0 :: 11 :: TA 1014/2021 were interviewed, and were assessed under a uniform and transparent selection criteria.
c) It is specifically pleaded that the applicants failed to secure selection on account of their lower merit. Applicant No.1 secured 52.87 points and Applicant No.2 secured 50.86 points, whereas the last selected candidate in the Open Merit category secured 53.63 points. The non-selection of the applicants is, therefore, purely merit-based and not attributable to any illegality or arbitrariness.
d) The respondents further submit that having participated in the selection process with full knowledge of the eligibility conditions and selection criteria, and having failed to make the grade, the applicants are estopped in law from challenging the very same process. The challenge is thus barred by the doctrine of acquiescence and estoppel.
e) It is further contended that the selection was conducted strictly in accordance with the applicable UGC Regulations, Recruitment Rules, and PSC Business & Procedure Rules.
During the course of selection, certain universities withdrew Digitally signed by HARSHIT YADAV HARSHIT DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="
Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.04 10:43:22+05'30' Foxit PDF Reader Version: 2025.2.0 :: 12 :: TA 1014/2021 MSP certificates, which necessitated further verification and an opportunity to eligible candidates to submit MSP certificates in accordance with UGC Regulations, 2009 or 2016, as applicable. In order to ensure fairness and maintain academic standards, the Commission conducted additional interviews after receipt of valid MSP certificates.
f) The respondents assert that the UGC Regulations are statutory in nature and binding, and any interpretation thereof must be in furtherance of maintaining standards in higher education. The reliance placed by the applicants on the alleged prospective nature of UGC Regulations, 2016 is misplaced, as the Commission acted in consonance with regulatory clarifications and expert opinions.
g) It is also stated that several posts remained unfilled due to non-
availability of eligible candidates and due to interim court directions in other writ petitions. The selection list was finalised after taking into account academic merit, interview performance, experience, and other relevant factors, with the assistance of subject experts.
Digitally signed by HARSHIT YADAV HARSHIT DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="
Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.04 10:43:22+05'30' Foxit PDF Reader Version: 2025.2.0 :: 13 :: TA 1014/2021
h) The respondents categorically deny any violation of Articles 14 or 16 of the Constitution and submit that the selection process was fair, transparent, non-discriminatory, and merit-based. No illegality, procedural irregularity, or mala fide can be attributed to the respondents.
i) In view of the above submissions, it is contended that the Transfer Application is devoid of merit, raises no enforceable legal right, and is liable to be dismissed.
5. Heard learned counsel for the parties and perused the material available on record.
6. The present Transfer Application arises out of SWP No. 2658/2016, originally filed before the Hon'ble High Court of Jammu and Kashmir at Jammu, which on transfer has been registered as TA No. 1014/2021. The applicants seek quashment of the select lists issued by the Jammu and Kashmir Public Service Commission for the post of Assistant Professor (Mathematics) pursuant to Advertisement Notification No. 12-PSC(DR-P) of 2014, as also the consequential appointments of private respondents, primarily on the ground that certain selected candidates were allegedly ineligible as they did not Digitally signed by HARSHIT YADAV HARSHIT DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="
Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.04 10:43:22+05'30' Foxit PDF Reader Version: 2025.2.0 :: 14 :: TA 1014/2021 possess Ph.D degrees in accordance with UGC Regulations, 2009 and were granted exemption from NET/SLET/SET by applying UGC Regulations, 2016 retrospectively.
7. At the outset, it is necessary to note that the eligibility criteria prescribed under the advertisement required NET/SLET/SET as the minimum qualification, with exemption available to candidates who had been awarded Ph.D degrees in accordance with UGC Regulations. The applicants admittedly possessed NET qualification and were accordingly found eligible, shortlisted, interviewed, and assessed on merit along with other candidates. Thus, there is no dispute that the applicants were duly considered in the selection process and were not excluded at any stage on the ground of ineligibility.
8. The grievance of the applicants is not that they were denied participation or subjected to discrimination, but that certain private respondents were wrongly granted exemption from NET/SLET/SET on the basis of Ph.D degrees allegedly not conforming to UGC Regulations, 2009, by taking recourse to UGC Regulations, 2016. On this premise, the applicants seek quashment of the entire selection insofar as it concerns the private respondents. Digitally signed by HARSHIT YADAV HARSHIT DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="
Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.04 10:43:22+05'30' Foxit PDF Reader Version: 2025.2.0 :: 15 :: TA 1014/2021 This contention, in our considered view, does not merit acceptance.
9. It is well settled that participation in a selection process with full knowledge of the eligibility criteria and selection procedure bars a candidate from subsequently challenging the same process upon being unsuccessful, unless a case of patent illegality, mala fide, or violation of statutory provisions is established. The applicants herein willingly participated in the entire selection process, appeared in interviews conducted by duly constituted Selection Committees with subject experts, and awaited the outcome. Their non-selection is purely on account of comparative merit.
10. The record clearly reveals that the last candidate selected under the Open Merit category secured 53.63 points, whereas Applicant No.1 secured 52.87 points and Applicant No.2 secured 50.86 points. The applicants, therefore, fell outside the zone of selection. The selection has thus turned entirely on merit and not on eligibility relaxation or arbitrariness.
11. The argument that UGC Regulations, 2016 could not have been applied to the ongoing selection process also does not advance the applicants' case. The Jammu and Kashmir Public Service Digitally signed by HARSHIT YADAV HARSHIT DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="
Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.04 10:43:22+05'30' Foxit PDF Reader Version: 2025.2.0 :: 16 :: TA 1014/2021 Commission, during the course of selection, faced a peculiar situation where Minimum Standards and Procedure (MSP) certificates earlier issued by universities were withdrawn, necessitating further verification in order to maintain academic standards. The Commission, acting in a fair, transparent, and uniform manner, afforded opportunity to candidates to submit MSP certificates in accordance with UGC Regulations, 2009 or 2016, as applicable, and conducted further interviews wherever required.
12. The UGC Regulations are statutory in nature and are framed with the object of maintaining uniform standards in higher education. The Commission, being bound by such regulations, acted within its jurisdiction to harmonise the recruitment process with the prevailing regulatory framework, especially when no candidate was singled out for favourable or hostile treatment. All similarly situated candidates were subjected to the same requirement and scrutiny.
13. Significantly, the applicants have failed to demonstrate how the alleged application of UGC Regulations, 2016 has prejudiced them in terms of merit. Even if the private respondents were to be excluded, the applicants do not automatically acquire a right to appointment, as Digitally signed by HARSHIT YADAV HARSHIT DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="
Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.04 10:43:22+05'30' Foxit PDF Reader Version: 2025.2.0 :: 17 :: TA 1014/2021 selection is not a matter of entitlement but of merit and suitability, assessed by expert bodies. Courts and Tribunals do not sit in appeal over the decision of Selection Committees, nor do they re-assess comparative merit unless the process is shown to be vitiated by arbitrariness or illegality, which is conspicuously absent in the present case.
14. The challenge to the vires of UGC Regulations or their applicability also cannot be entertained in the present proceedings. The applicants, having accepted the recruitment framework and participated therein, cannot selectively question the regulatory regime only because the outcome is unfavourable to them. The law does not permit such approbation and reprobation.
15. It is also relevant to note that several posts remained unfilled due to court directions and non-availability of eligible candidates, which itself demonstrates that the Commission did not act with any predetermined intent to favour any particular group. The process adopted was cautious, structured, and aimed at safeguarding academic standards.
Digitally signed by HARSHIT YADAV HARSHIT DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="
Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.04 10:43:22+05'30' Foxit PDF Reader Version: 2025.2.0 :: 18 :: TA 1014/2021
16. We find no violation of Articles 14 or 16 of the Constitution. The selection process was uniform, transparent, and merit-based. No material has been placed on record to establish mala fides, colourable exercise of power, or departure from statutory rules so as to warrant interference by this Tribunal.
17. In view of the above discussion, we are of the considered opinion that the applicants have failed to make out any legal or equitable ground for interference with the impugned select lists or appointments. The Transfer Application is essentially an attempt to convert a merit-based non-selection into a legal grievance, which is impermissible in law.
18. For the reasons recorded above, TA No. 1014/2021 is dismissed.
The impugned selection and appointments do not suffer from any illegality, arbitrariness, or violation of statutory rules. There shall be no order as to costs.
(RAM MOHAN JOHRI) (RAJINDER SINGH DOGRA)
Administrative Member Judicial Member
/harshit/
Digitally signed by HARSHIT YADAV
HARSHIT
DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="
Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.04 10:43:22+05'30' Foxit PDF Reader Version: 2025.2.0