Facts
The applicant had applied for the post of Coach (Kayaking & Canoeing), initially advertised in 2018. That selection process was not completed on the ground that fewer than five eligible candidates were available.
Source reference: para. 1In 2026, the University re-advertised one unreserved post for the same position. The applicant applied and was declared the sole eligible candidate after scrutiny.
Source reference: para. 2Subsequently, by notice dated 12 August 2026, the respondents scrapped the selection process and proposed re-advertisement by relying on Clause C of the University’s Notification dated 17 December 2025, which contemplated re-advertisement where fewer than five candidates were eligible.
Source reference: para. 3The applicant challenged the notice and sought continuation of the selection process, including an interview and consequential appointment if found suitable.
Source reference: para. 6During hearing, the applicant agreed that the O.A. could be treated as a representation, and the respondents raised no objection.
Source reference: paras. 7–10Issues
Whether the O.A. should be disposed of by treating it as a representation concerning the cancellation and proposed re-advertisement of the post of Coach (Kayaking & Canoeing).
Source reference: paras. 7–10Whether the respondents should be directed to reconsider the applicant’s assertions, eligibility, and the validity or applicability of the impugned action in accordance with law.
Source reference: para. 11Law Applied
The Tribunal applied the procedural principle that, where the parties consent, a writ or original application may be disposed of by directing the competent authority to treat it as a representation and decide it in accordance with law.
Source reference: paras. 11–13The competent authority must consider the applicable rules, the applicant’s entitlement and eligibility, relevant documents, and the governing legal framework, and must pass a reasoned and speaking order.
Source reference: paras. 11–13The Tribunal expressly declined to adjudicate the merits and left all questions of fact and law open for consideration by the competent authority.
Source reference: paras. 11–13Reasoning
Since both parties were ad idem that the O.A. could be treated as a representation, the Tribunal did not determine whether Clause C was arbitrary, ultra vires, or applicable to the post in question.
Source reference: paras. 7–10Instead, it directed the respondents to examine the applicant’s claims in light of the applicable law, rules and regulations, his eligibility and entitlement, and the documents annexed to the O.A., including the relevant notices and circulars.
Source reference: para. 11The Tribunal thereby preserved the substantive issues for determination by the competent authority rather than granting the requested interview or appointment directly.
Source reference: no citationHolding
The O.A. was disposed of without expressing any opinion on the merits.
The respondents were directed to treat it as a representation, consider the applicant’s assertions and supporting documents in accordance with law, and pass a comprehensive, reasoned and speaking order within eight weeks from receipt of the Tribunal’s order.
Source reference: paras. 11–12All questions of fact and law were left open, and the connected miscellaneous applications, if any, were also disposed of; parties were left to bear their own costs.
Source reference: paras. 13–15Original Court PDF
zulfkar ali bhatvsUniversity of Kashmir
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