Jammu & Kashmir High Court – Srinagar Bench
Union Territory Of J&K Through vs Dr. Waseem Raja on 18 April, 2026
Author: Sanjeev Kumar
Bench: Sanjeev Kumar
Serial No. 68
SUPPL. CAUSE LIST-I
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) 686/2026
CM(1736/2026)
1. Union Territory of J&K Through
Commissioner Secretary to
Government, Higher Education
Department, Civil Secretariat,
Jammu and Srinagar.
2. Under Secretary to Government,
Higher Education Department, Civil
Secretariat, Srinagar, Jammu and
Kashmir.
...Petitioner(s)
Through: Mr. Ilyas Nazir Laway, GA
Vs.
1. Dr. Waseem Raja
S/O: Shri Ghulam Nabi
R/O: Tiken, Butapora, Pulwama.
2. J&K Public Service Commission
through its Secretary Solina,
Rambagh, Srinagar.
3. Sumira Jan
D/O: Mohammad Ismail Dar
R/O: Dangerpora, Nanil, Anantnag.
4. Javaid Ahmad Wagay
S/O: Ghulam Ahmad Wagay
R/O: House No. 138, New Colony,
Tiken Butapora, Pulwama.
...Respondent(s)
Through: Mr. Jahangir Iqbal Ganie, Sr. Advocate with
Mr. Mir Kamil Nazir, Advocate
Mr. Shah Amir, Advocate for R-2.
MIR ARIF MANZOOR
I attest to the accuracy and
authenticity of this document
21.04.26
WP(C) No. 686/2026 Page 1
CORAM:
HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE.
HON'BLE MR. JUSTICE SANJAY PARIHAR, JUDGE.
ORDER (ORAL)
18.04.2026
01. Impugned in this petition filed by the petitioners under
Article 226 of the Constitution of India is an order and judgment
dated 26th February, 2025, passed by the Central Administrative
Tribunal, Srinagar Bench [“the Tribunal”] in OA No. 638/2023 in
case titled “Waseem Raja Vs. Union Territory of J&K and Ors.“,
whereby the Tribunal has allowed the OA of the respondent No. 1
herein and, by a Writ of Certiorari, quashed order No.
PSC/DR/AP/Botany/2019 dated 6th June, 2023 and a show cause
notice bearing No. Head-GAZ/176/2023 dated 3rd August, 2023.
02. The Tribunal has directed the petitioners herein to
consider the case of respondent No. 1 herein for his appointment
as Assistant Professor in the discipline of Botany against any
vacancy which is unfilled as on date. There is a further direction to
the petitioners herein to accommodate respondent No. 1 herein by
creating a supernumerary post in the event no vacancy of
Assistant Professor (Botany) is available in the Department.
03. Impugned judgment is assailed by the petitioners herein
on multiple grounds. Before we advert to the grounds of challenge
urged by Mr. Ilyas Laway, learned Government Advocate
appearing for the petitioners, we deem it appropriate to narrate
few facts which are relevant to the disposal of this petition.
MIR ARIF MANZOOR
I attest to the accuracy and
authenticity of this document
21.04.26
WP(C) No. 686/2026 Page 2
04. Vide Advertisement Notification No. 12-PSC (DR-P) of
2014 dated 29th May, 2014, the Jammu & Kashmir Public Service
Commission [“PSC”] invited applications for making recruitment
to 71 posts of Assistant Professors in the discipline of Botany in
the Department of Higher Education. The candidates who were
possessing degrees in Applied Botany/Environmental Botany
were declared ineligible by the PSC. The aggrieved candidates
approached this Court by way of SWP No. 1817/2016 titled “Javed
Ahmad Wagay Vs. State and Ors.” and SWP No. 2442/2016 titled
“Sumiya Jamshieed and Ors. Vs. State and Ors.”
05. Pursuant to the interim directions passed, the petitioners
in the aforesaid two writ petitions were allowed to participate in
the process of viva voce. The PSC notified the selection list vide
notification No. 30 PSC (DR-S) of 2017 dated 14th June, 2017.
However, due to the interim directions passed by the Court in the
aforesaid writ petition four (04) posts under Open Merit (OM)
category were kept reserved.
06. In another batch of petitions, this Court vide order dated
29th July, 2016 directed the PSC to finalize the selection process.
These writ petitions i.e., SWP No. 1543/2016 titled “Sanjeev
Kumar Vs. State” and SWP No. 81/2017 titled “Deepu Pandita Vs.
State and Ors.” were dismissed in terms of order dated 21
February, 2018, whereas the writ petitions SWP No. 1817/2016
titled “Javed Ahmad Wagay Vs. State and Ors.” and SWP No.
MIR ARIF MANZOOR 2442/2016 titled “Sumiya Jamshieed and Ors Vs. State and Ors.”
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authenticity of this document
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WP(C) No. 686/2026 Page 3
were transferred to the Central Administrative Tribunal, Jammu
Bench, and the Tribunal having considered the matter came to
conclusion that there was no merit in the petitions and accordingly
dismissed the same vide order dated 7th November, 2021.
07. The Judgment of the Tribunal dated 7th November, 2021
came to be challenged before this Court in WP(C) No. 2653/2021
titled “Javed Ahmad Wagay Vs. U.T of J&K and Ors.” and WP(C)
No. 2665/2021 titled “Sumiya Jamshieed and Anr. Vs. U.T of J&K
and Ors.” before the Division Bench of this Court. This Court vide
order dated 20th December, 2021 directed to keep one post of
Assistant Professor in the discipline of Botany in the case of Javed
Ahmad supra and two posts of Assistant Professors in the
discipline of Botany in the case of Sumiya Jamshieed, reserved.
08. The two cases were clubbed together and were finally
disposed of by this Court vide order and judgment dated 7th April,
2023. The judgment of the Tribunal impugned in the writ petitions
was set aside and a direction was issued to the petitioners herein
to consider the candidature of the petitioners in the said two writ
petitions and recommend their candidature for appointment if
they would fall in the zone of consideration.
09. It seems that view a view to complying with the
judgment of this Court the matter was taken up for consideration
by the PSC in its 10th Meeting held on 9th May, 2023, in which the
Commission decided to accommodate the two of the three
MIR ARIF MANZOOR
petitioners against the two posts reserved by it and decided to
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authenticity of this document
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WP(C) No. 686/2026 Page 4
accommodate the third petitioner namely Ms. Sumaira Jan by
withdrawing the selection and appointment of Mr. Waseem Raja-
respondent No. 1 herein.
10. The appointment of Mr. Waseem Raja-respondent No.1
herein was withdrawn on the ground that he was a candidate last
selected under the Open Merit and had secured lesser merit than
Ms. Sumaira Jan. This was done by the PSC vide letter No.
PSC/DR/AP/Botany/2019 dated 6th June, 2023. Upon receipt of
the communication from the PSC, the Department of Higher
Education issued a show cause notice to the respondent No. 1
herein calling upon him to explain as to why his candidature be
not withdrawn/cancelled.
11. This is how the respondent No. 1 was constrained to
approach the Tribunal by filing OA No. 638/2023. The Tribunal,
having considered the rival contentions and the material on
record, came to the conclusion that since, in terms of the interim
directions passed by this Court in the two writ petition one filed
by Mr. Javed Ahmad (supra) and the other filed by Ms. Sumiya
Jamshieed (supra,) there were three posts kept reserved and,
therefore, there could not have been any difficulty for the
petitioners herein to accommodate all the three petitioners, more
so, when they had succeeded in their writ petitions and were
possessing the requisite merit and eligibility.
12. The Tribunal was, however, apprised by the petitioners
MIR ARIF MANZOOR
herein that though there were interim directions to keep three
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posts reserved yet due to oversight only two posts had been kept
reserved by the PSC and, therefore, it would not be possible to
accommodate all the three petitioners without withdrawing the
candidature of at least one candidate i.e., the candidate who is the
last selected candidate.
13. The Tribunal allowed the OA and passed the directions
which have already referred to hereinabove. It is this order and
judgment of the Tribunal which has been called in question by the
petitioners herein before this Court.
14. Having heard learned counsel for the parties and
perused the material on record, we are of the considered opinion
that the judgment passed by the Tribunal is perfectly legal both on
facts and law and, therefore, calls for no interference. Admittedly,
there were three posts directed to be kept reserved in terms of the
interim orders passed by this Court in SWP No. 1817/2016 titled
“Javed Ahmad Wagay Vs. State and Ors.” and SWP No.
2442/2016 titled “Sumiya Jamshieed and Ors Vs. State and Ors“
respectively. Both the writ petitions have been allowed in favour
of the writ petitioners therein and, therefore, it was incumbent
upon the petitioners and the PSC to offer appoint to all the three
petitioners in the aforesaid writ petitions against the three posts
reserved.
15. It seems that the PSC did not carry out the mandate of
the interim directions passed by this Court in the aforesaid two
MIR ARIF MANZOOR
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authenticity of this document
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WP(C) No. 686/2026 Page 6
writ petitions and, on its own, reserved only two posts as against
three posts as directed by this Court.
16. Be that as it may, since the three posts of Assistant
Professors in the discipline of Botany were directed to be kept
reserved, as such, it has to be presumed that the three posts were
available with the PSC as well as with the petitioners herein for
accommodating the writ petitioners in SWP No. 1817/2016 titled
“Javed Ahmad Wagay Vs. State and Ors.” and SWP No.
2442/2016 titled “Sumiya Jamshieed and Ors Vs. State and Ors.”
17. We do not see any good reason or justification in the
impugned communication of the PSC as well as the show cause
notice issued by the petitioners herein for withdrawing/cancelling
the appointment of the respondent No. 1 herein, who was neither
a party in the aforesaid two writ petitions nor his
appointment/selection was assailed in any petition. That apart,
the PSC having failed to carry out the mandate of the interim
directions passed by this Court, is under an obligation to make
three posts available for appointment of the three petitioners
without disturbing the appointment of the respondent No. 1
herein.
18. With a view to sort out the matter, we had called upon
Mr. Ilyas Laway, learned Government Advocate appearing for the
petitioners herein to ascertain whether any vacancy of Assistant
Professors in the discipline of Botany was lying vacant with the
MIR ARIF MANZOOR
petitioners herein or not, and he has submitted that twenty one
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(21) posts of Assistant Professors in the discipline of Botany are
available in the Department which are yet to be referred to the
PSC for selection.
19. In view of the aforesaid submission made by the learned
Government Advocate for the petitioners herein, there is no
difficulty in accommodating the respondent No. 1 herein by
allowing him to continue in service by utilizing one of the twenty
one (21) available posts. Ordered accordingly.
20. With the slight modification which we have made
hereinabove, we uphold the judgment of the Tribunal and
consequently dispose of the writ petition accordingly. The
petitioners herein shall do well to complete the entire exercise as
directed above within a period of two months from today.
21. Disposed of.
(SANJAY PARIHAR) (SANJEEV KUMAR)
JUDGE JUDGE
SRINAGAR:
18.04.2026
"Mir Arif"
(i) Whether the order is reportable? Yes/No.
(ii) Whether the order is speaking? Yes/No.
MIR ARIF MANZOOR
I attest to the accuracy and
authenticity of this document
21.04.26
WP(C) No. 686/2026 Page 8