CAT directs consideration of two Assistant Professors’ cases, allows supernumerary posts if required

15/10/2026

SRINAGAR, Oct 15: The Central Administrative Tribunal (CAT), Srinagar Bench, has directed the Jammu and Kashmir administration to proceed in accordance with law in a dispute concerning the appointment of Assistant Professors in Statistics, while permitting the creation of two supernumerary posts, if required, to accommodate the affected candidates.
A Bench comprising Member (Judicial) M.S. Latif and Member (Administrative) Prasant Kumar passed the order on October 12 while disposing of O.A. No. 632/2023 filed by Rayees Ahmad Dar and Rumana Gulzar Matoo against the Union Territory administration, the Higher Education Department and the Jammu and Kashmir Public Service Commission (JKPSC).
The applicants were appointed as Assistant Professors in Statistics in the Higher Education Department in January and April 2017, respectively, after serving as Lecturers in the School Education Department.
The dispute arose from an alleged error in the award of marks for research publications during the selection process. A complaint alleged that publications forming part of the applicants' PhD theses had been considered for awarding additional marks under special attributes.
Following the complaint, the JKPSC issued show-cause notices in May 2018. The notices were subsequently quashed by the Tribunal in April 2021. However, the Higher Education Department issued a fresh show-cause notice on August 2, 2023, prompting the applicants to approach the Tribunal again.
The applicants contended that they had secured their appointments without fraud or misrepresentation and had served for several years. They challenged the fresh notice, arguing that the matter had already been adjudicated.
Senior Advocate Jahangir Ganai, assisted by Advocate Suhail Mehraj, appeared for the applicants. Government Deputy Advocate General Syed Musaib represented the official respondents, while Advocate Shah Amir, assisted by Advocate Farhat Riyaz, appeared for the JKPSC. Advocate Sehreen Zehra represented the private respondents, Rashpal Singh and Javid Gani Dar.
During the proceedings, the Tribunal examined the recruitment record, the inquiry committee's recommendations and the submissions made by the parties. The committee had suggested that the department consider creating two supernumerary posts of Assistant Professor in Statistics as a possible means of addressing the dispute.
The Tribunal observed that Rashpal Singh and Javid Gani Dar were more meritorious than the applicants, according to the record, and ought to have been selected and appointed. At the same time, it noted that the applicants had continued in service since 2017 and had not been found guilty of fraud or misrepresentation in obtaining their appointments.
The Bench observed that the applicants had gained substantial teaching experience during their years of service and that there was no allegation that their appointments resulted from favouritism or nepotism.
Finding no ground to interfere with the fresh show-cause notice, the Tribunal directed the authorities to proceed with it in accordance with law. It also granted the applicants seven days to submit their replies, if they had not already done so.
Balancing the competing considerations, the Bench directed the appointing authority to proceed in accordance with law and the merit obtained in the selection process. It further directed that two supernumerary posts be created, if required, in favour of the original applicants to enable their adjustment or appointment.
The Tribunal clarified that inter se seniority would be determined strictly according to the merit obtained in the selection process. The entire exercise was directed to be completed within two months of service of the certified copy of the order upon the respondents.
The Tribunal accordingly disposed of O.A. No. 632/2023 and connected miscellaneous applications, with no order as to costs.

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