shakir hussain dar vs HEALTH AND MEDICAL EDUCATION DEPARTMENT on 21 October 2026

1. Learned counsel for the applicant submits that the present Original Application has been filed by Shri Shakir Hussain Dar, presently serving as Hostel Manager in Government Dental College & Hospital, Srinagar, seeking lawful, effective and transparent consideration of his claim for promotion to the solitary post of Estate Officer. The applicant had earlier approached this Hon’ble Tribunal in O.A. No. 608/2026, wherein, vide order dated 17.06.2026, the respondents were directed to consider his claim/representation in accordance with the applicable rules, eligibility and entitlement, and to pass a comprehensive, reasoned and speaking order. Pursuant thereto, and following the applicant’s representation dated 09.07.2026, the department issued Order No. 244-GDC of 2026 dated 10.07.2026, recording that his claim had been considered and that his case would be placed before the Departmental Promotion Committee (DPC) for an appropriate decision. The said order also clarified that no vested or enforceable right to promotion was thereby conferred upon the applicant, a proposition which the applicant does not dispute. His grievance, however, is that the process has not culminated in an effective and duly communicated decision. Although the DPC subsequently convened and considered the matter, the applicant has neither been promoted nor furnished with the minutes of the DPC proceedings or a reasoned decision explaining the non- recommendation of his case. Despite submitting a written request seeking the relevant minutes, the applicant has not been provided with the same. Consequently, the records necessary to ascertain whether his eligibility, vacancy position, seniority, suitability and the competing claim were duly considered remain unavailable to him. Since the post in question is a solitary promotional post, the applicant seeks not automatic promotion but a fair, transparent and meaningful consideration of his claim in accordance with the applicable Recruitment Rules. The applicant submits that the respondents cannot indefinitely leave his claim undecided or unexplained by withholding the relevant decision and proceedings, particularly when the competing claim of a senior candidate appears to remain a decisive consideration.

2. Learned counsel further submits that the matter requires consideration in the light of the official records concerning Shri Tariq Maqbool Bhat. The applicant does not seek to reopen or challenge the judgment dated 25.05.2016 passed in LPA No. 76/2015. However, he contends that subsequent departmental records raise a distinct issue regarding whether Shri Tariq Maqbool Bhat possesses the prescribed qualification for promotion to the post of Estate Officer, namely, the requisite recognised Diploma in Hotel Management. In this regard, reliance is placed upon the clarification dated 16.05.2024 issued by the Institute of Hotel Management, Rajbagh, Srinagar, wherein it was stated that no recognised one-year Diploma in Hotel Management exists and that a one-year Diploma in Front Office is not equivalent to a three-year Diploma in Hotel Management. The applicant further relies upon the available records indicating that Shri Tariq Maqbool Bhat possesses a one-year Diploma in Front Office, with marks recorded as 325 out of 700. On the basis of these materials, the applicant contends that the said qualification cannot be treated as equivalent to the prescribed Hotel Management qualification unless such equivalence is permissible under the applicable rules and supported by competent authority.

3. The applicant also relies upon official records referring to FIR No. 33/2012, the presentation of the challan, departmental penalty/recovery and subsequent departmental communications concerning criminal proceedings, vigilance status and disciplinary records. Further reliance is placed upon the promotion order and information obtained under the Right to Information Act concerning Shri Surinder Kumar of Government Dental College, Jammu, who, according to the material relied upon, possessed a three-year Diploma in Hotel Management and was promoted as Estate Officer in 2024. The applicant submits that these records are relevant to examining the qualifications applied in a comparable case and to ensuring consistent application of the prescribed eligibility criteria. Accordingly, he contends that seniority alone cannot render Shri Tariq Maqbool Bhat eligible for consideration if he does not fulfil the essential qualifications prescribed under the applicable Recruitment Rules. The applicant, therefore, seeks production of the complete DPC proceedings, fresh and effective consideration of his claim by the competent authority/DPC in accordance with the applicable Recruitment Rules, issuance of a speaking and reasoned order, and appropriate interim protection to ensure that the solitary post is not dealt with in a manner that frustrates the consideration of his claim.

4. Learned counsel for the respondents is present pursuant to the advance notice served by learned counsel for the applicant.

5. Issue notice.

6. Mr. Syed Musaib, learned Deputy Advocate General, accepts notice on behalf of the official respondents (R-1 to R-3) and seeks time to file reply/objections. None appears on behalf of respondent No. 4, the private respondent.

7. Accordingly, four weeks’ time is granted to the official respondents to file their reply/objections, with an advance copy thereof to be furnished to learned counsel for the applicant.

8. Learned counsel for the applicant is also directed to take appropriate steps to effect service upon respondent No. 4 through registered post under acknowledgment due (A/D), before the Registry.

9. List on 21.12.2026. Prasant Kumar Member (A) Justice Ritu Tagore Member (J) Devendra Tripathi ( steno 'd' )