Abdul Rouf Malik vs HIGHER EDUCATION DEPARTMENT

ITEM 09 1 OA 1194 OF 2026

CENTRAL ADMINISTRATIVE TRIBUNAL

SRINAGAR BENCH, SRINAGAR
O.A. 1194/2026
th
Date of Order: 28 October, 2026
C O R A M
HON’BLE MS. JUSTICE RITU TAGORE, MEMBER(JUDL.)
HON’BLE MR. PRASANT KUMAR, MEMBER(Admn.)

1. Abdul Rouf Malik, Aged 25 years
S/o Mohammad Manzoor Malik,
R/o Arwani, Bijbehara, District Anantnag,
PIN: 192124. Ph. No.: 6005620636
2. Malik Huda, Aged 26 years
D/o Malik Gowhar Jan,
R/o Gulshan Nagar, Nowgam, Byepass, District Srinagar,
PIN: 190001. Ph. No.: 9149700216
3. Tashifa Tanweer, Aged 25 years
D/o Tanweer Ahmad Najar,
R/o Khayam Colony, Nowpora, District Srinagar,
PIN: 190015. Ph. No.: 9906515337
…… Applicants
By Advocate :
Mr. Hakim Suhail Ishtiaq Through VC
VERSUS
1. Union Territory of Jammu & Kashmir through
Commissioner/Secretary to Government, Higher
Education Department, Civil Secretariat,
Srinagar/Jammu.
2. Jammu & Kashmir Public Service Commission
through its Secretary, Solina, Srinagar.
..…. Respondents
By Advocate :-
Digitally signed by Devendra Tripathi
DN: CN=Devendra Tripathi, [email protected]
Devendra Reason: I am the author of this document
Location:
Date: 2026.10.29 14:18:48+05'30'
Foxit PDF Reader Version: 2026.1.1
Tripathi

ITEM 09 2 OA 1194 OF 2026

Mr. Syed Musaib, learned DAG For R1
Ms. Farhat Riyaz, learned counsel appearing vice Mr. Shah
Aamir for respondent No. 2
O R D E R (ORAL)
JUSTICE RITU TAGORE, MEMBER [JUDL.]

01.
Before proceeding further, it is noticed from the record
that the applicants have filed MA No. 1448/2026 seeking
permission to file a joint Original Application. For the
reasons stated therein, the said MA is allowed.
02. Learned counsel for the applicants submits that the
applicants are permanent residents and domiciles of the
Union Territory of Jammu and Kashmir and have obtained
their Master's degrees in English from the University of
Kashmir through regular mode, securing more than 55%
marks. It is submitted that the applicants applied for and
appeared in the UGC-NET June 2026 examination in the
subject of English, conducted by the National Testing
Agency (NTA). Thereafter, the Jammu and Kashmir
Public Service Commission, vide Notification No. 05-PSC
(DR-P) of 2026 dated 31.07.2026, invited online
applications for various posts of Assistant Professor,
Digitally signed by Devendra Tripathi
DN: CN=Devendra Tripathi, [email protected]
Devendra Reason: I am the author of this document
Location:
Date: 2026.10.29 14:18:48+05'30'
Foxit PDF Reader Version: 2026.1.1
Tripathi

ITEM 09 3 OA 1194 OF 2026

including 14 posts in the discipline of English. The last
date for submission of online applications was fixed as
31.08.2026, which was also prescribed as the cut-off date
for determining eligibility with regard to the requisite
educational and professional qualifications.
03. Learned counsel further submits that, owing to several
errors in the question paper of the UGC-NET June 2026
examination in English, the NTA decided to conduct a re-
examination, which was held on 09.09.2026.
Consequently, the result of the English paper was declared
only on 17.09.2026, after the expiry of the prescribed cut-
off date for submission of applications for the post of
Assistant Professor. It is contended that the applicants
qualified the said examination and thereby acquired the
requisite eligibility for the post; however, they could not
submit their application forms within the prescribed
period because the result had not been declared by the cut-
off date, for reasons entirely beyond their control.
04. Learned counsel also submits that the applicants
Digitally signed by Devendra Tripathi
DN: CN=Devendra Tripathi, [email protected]
Devendra Reason: I am the author of this document
Location:
Date: 2026.10.29 14:18:48+05'30'
Foxit PDF Reader Version: 2026.1.1
Tripathi

ITEM 09 4 OA 1194 OF 2026

submitted a representation dated 21.09.2026 before
respondent No. 2, seeking extension of the eligibility cut-
off date up to 17.09.2026, or such other date as may be
considered appropriate, to enable candidates who
qualified the UGC-NET June 2026 examination in
English to participate in the ongoing recruitment process.
However, the said representation has not been considered
or decided till date. It is further contended that the
selection process pursuant to the notification dated
31.07.2026 has not yet culminated and that permitting the
applicants to submit their application forms would not
prejudice the rights of other candidates. The applicants,
therefore, seek directions to the respondents to accept
their application forms for the post of Assistant Professor
(English), notwithstanding the cut-off date of 31.08.2026,
by opening the online portal or permitting submission
through an alternative mode, and to consider their
candidature on merit along with other eligible candidates.
In the alternative, they seek extension of the cut-off date
Digitally signed by Devendra Tripathi
DN: CN=Devendra Tripathi, [email protected]
Devendra Reason: I am the author of this document
Location:
Date: 2026.10.29 14:18:48+05'30'
Foxit PDF Reader Version: 2026.1.1
Tripathi

ITEM 09 5 OA 1194 OF 2026

for determining eligibility in the discipline of English up
to 17.09.2026, together with permission to participate in
the selection process and grant of consequential benefits,
in accordance with law.
05.
However, after arguing the matter for some time, learned
counsel for the applicants submits that the interests of
justice would be adequately served if the present Original
Application is disposed of with a direction to the
respondents to treat the same as a representation and
consider the applicants' claims for acceptance of their
application forms for the post of Assistant Professor
(English), extension of the eligibility cut-off date in view
of the delayed declaration of the UGC-NET June 2026
result in English, and consideration of their candidature on
merit along with other eligible candidates, together with
the documents annexed thereto, strictly in accordance with
law within a stipulated period.
06. Mr. Syed Musaib, learned DAG, appearing on behalf of
respondent No. 1, and Ms. Farhat Riyaz, learned counsel
Digitally signed by Devendra Tripathi
DN: CN=Devendra Tripathi, [email protected]
Devendra Reason: I am the author of this document
Location:
Date: 2026.10.29 14:18:48+05'30'
Foxit PDF Reader Version: 2026.1.1
Tripathi

ITEM 09 6 OA 1194 OF 2026

appearing vice Mr. Shah Aamir for respondent No. 2, on
advance notice, submit that the present Original
Application may be disposed of with appropriate
directions, without prejudice to the rights and contentions
of the parties.
07. Heard learned counsel for the parties and perused the
record.
08. Having considered the submissions made at the Bar and
the material placed on record, this Tribunal is of the
considered opinion that no useful purpose would be
served by keeping the present Original Application
pending, particularly in view of the limited prayer made
on behalf of the applicants.
09. Accordingly, in view of the limited prayer made on behalf
of the applicants, this Tribunal, without expressing any
opinion on the merits of the case or the rival claims of the
parties, deems it appropriate to dispose of the present
Original Application with a direction to the respondents to
treat the same as a representation and consider the
Digitally signed by Devendra Tripathi
DN: CN=Devendra Tripathi, [email protected]
Devendra Reason: I am the author of this document
Location:
Date: 2026.10.29 14:18:48+05'30'
Foxit PDF Reader Version: 2026.1.1
Tripathi

ITEM 09 7 OA 1194 OF 2026

applicants' claims for acceptance of their application
forms for the post of Assistant Professor (English),
extension of the eligibility cut-off date in view of the
delayed declaration of the UGC-NET June 2026 result in
English, and consideration of their candidature on merit
along with other eligible candidates, together with the
documents annexed thereto, strictly in accordance with the
applicable rules and regulations and the law governing the
field, subject to the applicants fulfilling the requisite
eligibility and entitlement and there being no legal
impediment in doing so.
10. The respondents shall pass a detailed, reasoned and
speaking order within a period of two (02) weeks from
the date a certified copy of this order is served upon them.
11.
Till the representation is decided , the respondents shall
not proceed further with the selection process for the
post of Assistant Professor (English) pursuant to
Notification No. 05-PSC (DR-P) of 2026 dated
31.07.2026.
Digitally signed by Devendra Tripathi
DN: CN=Devendra Tripathi, [email protected]
Devendra Reason: I am the author of this document
Location:
Date: 2026.10.29 14:18:48+05'30'
Foxit PDF Reader Version: 2026.1.1
Tripathi

ITEM 09 8 OA 1194 OF 2026

12. It is made clear that this Tribunal has not expressed any
opinion on the merits of the applicants' claims, and all
questions of fact and law are left open to be considered
and decided by the competent authority while passing the
aforesaid order.
13. With the aforesaid directions, the Original Application
stands disposed of. Pending miscellaneous applications, if
any, shall also stand disposed of.
14. No order as to costs.
15.
Registry shall consign the record to the Record Room
after due compliance.


PRASANT KUMAR (JUSTICE RITU TAGORE)
Member(Admn.) Member(Judl.)


28-10-2026
DEVENDRA TRIPATHI





Digitally signed by Devendra Tripathi
DN: CN=Devendra Tripathi, [email protected]
Devendra Reason: I am the author of this document
Location:
Date: 2026.10.29 14:18:48+05'30'
Foxit PDF Reader Version: 2026.1.1
Tripathi