Facts
The applicant, who had worked as an Associate Professor (contractual) at Dr. B.R. Ambedkar Institute of Technology (DBRAIT), applied for the post of Professor (Electronics & Communication Engineering) pursuant to UPSC Advertisement No. 09/2024.
Source reference: pp. 2–4, paras. 1, 4Although shortlisted and interviewed, he was not selected.
Source reference: pp. 2–4, paras. 1, 4The UPSC recommended the private respondent, Dr. (Ms.) Sanmukh Kaur, for appointment, and the Andaman & Nicobar Administration subsequently appointed her as Professor on 20 June 2025 and granted her current duty charge as Principal of DBRAIT on 16 July 2025.
Source reference: pp. 2–4, paras. 1, 4The applicant alleged irregularities and discrepancies in the private respondent’s educational, experience and character certificates.
Source reference: pp. 4–6, paras. 4, 8He submitted a representation to the Chairman of the UPSC on 27 February 2026, with copies to the Andaman & Nicobar Administration, seeking verification of her credentials.
Source reference: pp. 4–6, paras. 4, 8The representation had not been considered or answered when the Original Application was filed.
Source reference: pp. 4–6, paras. 4, 8The Administration challenged the application on limitation and locus standi grounds, while the UPSC maintained that the selection had followed due procedure and that document verification had been entrusted to the Administration.
Source reference: p. 5, paras. 5–6Issues
1. Whether the applicant’s representation alleging irregularities in the private respondent’s educational and experience credentials ought to be considered by the Andaman & Nicobar Administration in consultation with the UPSC.
Source reference: p. 6, para. 82. Whether the private respondent’s UPSC recommendation, appointment as Professor, and subsequent grant of current duty charge as Principal should be quashed on the grounds raised by the applicant.
Source reference: pp. 2–4, para. 13. Whether the Original Application was barred by limitation or otherwise not maintainable for want of locus standi.
Source reference: p. 5, para. 6Law Applied
The Tribunal exercised jurisdiction under Section 19 of the Administrative Tribunals Act, 1985.
Source reference: p. 2, para. 1It applied the procedural principle that a representation raising specific grievances concerning a public appointment should be considered by the competent authorities and decided through a reasoned and speaking order.
Source reference: p. 6, paras. 9–10Since the Tribunal did not examine the merits of the appointment, no substantive statutory provision, recruitment rule, AICTE regulation, or judicial precedent was adjudicated or applied to determine the private respondent’s eligibility.
Source reference: p. 6, paras. 9–10Reasoning
The Tribunal noted that the applicant had raised specific grievances regarding the private respondent’s credentials and that his representation dated 27 February 2026 remained unanswered by both the Administration and the UPSC.
Source reference: p. 6, para. 8Although the respondents disputed limitation, locus standi and the authenticity of the documents, the Tribunal considered it appropriate not to determine those issues or the merits of the alleged irregularities at the admission stage.
Source reference: pp. 5–6, paras. 6–10Instead, it directed the competent authority to examine the representation in consultation with the UPSC and to provide a reasoned decision.
Source reference: pp. 5–6, paras. 6–10The direction preserved the applicant’s grievance for administrative consideration without expressing any opinion on the validity of the appointment or the allegations against the private respondent.
Source reference: pp. 5–6, paras. 6–10Holding
The Original Application was disposed of at the admission stage.
The Andaman & Nicobar Administration was directed to consider the applicant’s representation, treating the Original Application as part of it, in consultation with the UPSC, and to communicate a reasoned and speaking order within eight weeks from receipt of the Tribunal’s order.
Source reference: p. 6, para. 9The Tribunal expressly stated that it had not entered into the merits of the case.
Source reference: p. 6, para. 10No order as to costs was made.
Source reference: p. 6, para. 11Original Court PDF
SHOAIB KAMALvsEDUCATION
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
![A representation challenging appointment must be considered jointly by the Administration and UPSC through a reasoned order.. SHOAIB KAMAL vs EDUCATION. CAT - ['Kolkata']. LawLens](/stories/thumbnails/a-representation-challenging-appointment-must-be-considered-jointly-by-the-administration-f605dd42002e4a05933f8d80b6f2b0c1.webp)