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2025 DAILYLAW 4014 (JK)

UNIVERSITY OF JAMMU TH VICE CHANCELLOR AND OTHERS v. GAURAV SHARMA

WP(C)/2005/2025 · 2025-07-28

Shahzad Azeem, Sindhu Sharma

Writ Petition (Civil)body2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case: WP(C) No. 2005/2025 CM No. 4545/2025 CM No. 4546/2025 CAV No. 1577/2025 University of Jammu and Ors. ..... Appellant(s)/Petitioner(s) Through :- Mr. Inderjeet Gupta, Advocate Vs Gaurav Sharma .....Respondent(s) Through :- Mr. Amit Kumar Sharma, Advocate CORAM: HON'BLE MRS. JUSTICE SINDHU SHARMA, JUDGE HONBLE MR. JUSTICE SHAHZAD AZEEM, JUDGE ORDER 28.07.2025 01. This petition under Article 226 of the Constitution of India, is directed against order dated 04.07.2025, passed by the learned Central Administrative Tribunal, Jammu Bench (for short; Tribunal), in Original Application No. 941/2025 titled “Gaurav Sharma v. University of Jammu & Ors.” 02. The respondent preferred an OA in Central Administrative Tribunal (Tribunal) seeking a direction to set aside advertisement dated 01.04.2025, for the post of Teaching Assistant, MBA, Kathua campus, issued by the University of Jammu. A further direction was sought to allow the respondent to continue as Teaching Assistant, MBA, Kathua campus, till regular appointment was made. 03. The Tribunal vide interim order dated 04.07.2025 restrained the respondents from terminating the service of applicant/respondent herein by holding as under: - “…In the meantime, the respondents are restrained from terminating the services of applicant by same set of employee except regular hand.” Sr. No. 25 2 | P a g e WP(C) No. 2005/2025 04. Mr. Inderjeet Gupta, learned counsel for the petitioners-University submits that the respondent had consciously taken part in the process of selection for the post of Lecturer on contract basis and now cannot be permitted to question the same. The respondent has also concealed the fact that he has participated pursuant to the notification dated 01.04.2025 and also appeared in the interview. 05. Be that as it may, the impugned order dated 04.07.2025, is only till next date of hearing, and response by the University is yet to be filed in the same. The petitioner can seek modification or vacation of the same. 06. Learned counsel further submits that he will approach the Tribunal for vacation of the interim order and the Tribunal may be directed to decide the same as expeditiously as possible as the next academic session is going to start soon. 07. Having regard to the pleadings and submissions made at the bar, we are not inclined to interfere with the impugned order at this stage, but keeping in view the academic interest of the students, we request the learned Tribunal to consider and decide the OA or the application for vacation of stay pending in OA No. 941/2025, within a period of three weeks. In the event the application is not decided within the stipulated period, the petitioner is at liberty to approach this Court. 08. Accordingly, this writ petition is, disposed of, along with connected application(s). (SHAHZAD AZEEM) (SINDHU SHARMA) JUDGE JUDGE JAMMU 28.07.2025 Vishal Khajuria