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2025 DAILYLAW 13337 (JK)

PEER SHOIB SHAMAS QURESHI v. ABID HUSSAIN SOFI AND ANR. (SHER E KASHMIR UNIVERSITY OF AGRICULTURAL SCIENCES AND TECHNOLOGY)

WP(C)/2612/2025 · 2025-10-17

Shahzad Azeem, Sindhu Sharma

Writ Petition (Civil)body2025

Judgment text

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WP(C) 2612/2025 Serial No.41 SUPPLEMENTARY CAUSE LIST-3 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 2612/2025 Peer Shoib Shamas Qureshi …Petitioner(s) Through: Mr. Bhat Fayaz Ahmad, Advocate Vs. Abid Hussain Sofi and Anr. ...Respondent(s) Through: CORAM: HON’BLE MS. JUSTICE SINDHU SHARMA, JUDGE HON’BLE MR. JUSTICE SHAHZAD AZEEM, JUDGE ORDER 17.10.2025 01. By virtue of instant writ petition, order dated 24th July, 2025 passed by the learned Central Administrative Tribunal at Srinagar (for short <CAT=) in Original Application (OA) no. 773/2025 (Srinagar) has been called in question whereby, while entertaining the OA, the learned CAT has reserved one post under PwD (Persons with Disability) Category till the final outcome of the Original Application (OA). 02. The grievance of the petitioner is that despite he being eligible and selected for the post of Accounts Assistant, his appointment order could not be issued because of the order passed by the learned CAT, coupled with the fact that in the Advertisement Notification, no post was earmarked WP(C) 2612/2025 for the PwD Category, therefore, despite being selected his appointment order could not be issued. 03. Learned counsel for the petitioner has taken us to the Advertisement Notification No.434 (Est.) of 2025 dated 14.08.2025 perusal whereof reveals that no post under PwD category is shown to have been reserved. 04. Although the petitioner has prayed for quashment of the impugned order passed by the learned CAT and, further, seeks direction for issuance of order of appointment to the post of Accounts Assistant, yet we are conscious of the fact that the order under challenge is as an interim measure, came to be passed subject to the outcome of the Original Application. Therefore, once the learned CAT is seized of the OA, proprietary demands that the petitioner should at first instance approach and to take all the available legal and factual pleas before the learned CAT. In this regard, it is noteworthy that challenging interim orders passed by the CAT, without pleading exceptional circumstances, would defeat the very object of creating the Tribunals by inviting premature judicial review and same would also contribute to docket congestion. 05. In view of the above, at this stage, the writ petition is disposed of with direction to the petitioner to approach the learned Central Administrative Tribunal, Srinagar and in view of the urgency pleaded by the petitioner, the learned CAT shall WP(C) 2612/2025 make an endeavor to dispose of the OA expeditiously, preferably within a period of three months from the date of receipt of copy of this order. However, in case matter is not disposed of within the stipulated period, the petitioner shall be at liberty to approach this Court. 06. Disposed of on the above terms, along with connected CM(s). (SHAHZAD AZEEM) (SINDHU SHARMA) JUDGE JUDGE SRINAGAR: 17.10.2025 <YASMEEN, SECY= Tahir Manzoor Bhat I attest to the accuracy and authenticity of this document 20.10.2025 11:55