Abdul Rouf Malik vs HIGHER EDUCATION DEPARTMENT on 28 October 2026

1. Abdul Rouf Malik, Aged 25 years S/o Mohammad Manzoor Malik, R/o Arwani, Bijbehara, District Anantnag, PIN: 192124. Ph. No.: 6005620636

2. Malik Huda, Aged 26 years D/o Malik Gowhar Jan, R/o Gulshan Nagar, Nowgam, Byepass, District Srinagar, PIN: 190001. Ph. No.: 9149700216

3. Tashifa Tanweer, Aged 25 years D/o Tanweer Ahmad Najar, R/o Khayam Colony, Nowpora, District Srinagar, PIN: 190015. Ph. No.: 9906515337 ……Applicants By Advocate : Mr. Hakim Suhail Ishtiaq Through VC VERSUS

1. Union Territory of Jammu & Kashmir through Commissioner/Secretary to Government, Higher Education Department, Civil Secretariat, Srinagar/Jammu.

2. Jammu & Kashmir Public Service Commission through its Secretary, Solina, Srinagar. ..….Respondents By Advocate :-

Location:

Devendra Tripathi

Mr. Syed Musaib, learned DAG For R1 Ms. Farhat Riyaz, learned counsel appearing vice Mr. Shah Aamir for respondent No. 2 O R D E R (ORAL) JUSTICE RITU TAGORE, MEMBER [JUDL.]

01. Before proceeding further, it is noticed from the record that the applicants have filed MA No. 1448/2026 seeking permission to file a joint Original Application. For the reasons stated therein, the said MA is allowed.

02. Learned counsel for the applicants submits that the applicants are permanent residents and domiciles of the Union Territory of Jammu and Kashmir and have obtained their Master's degrees in English from the University of Kashmir through regular mode, securing more than 55% marks. It is submitted that the applicants applied for and appeared in the UGC-NET June 2026 examination in the subject of English, conducted by the National Testing Agency (NTA). Thereafter, the Jammu and Kashmir Public Service Commission, vide Notification No. 05-PSC (DR-P) of 2026 dated 31.07.2026, invited online applications for various posts of Assistant Professor,

Location:

Devendra Tripathi including 14 posts in the discipline of English. The last date for submission of online applications was fixed as 31.08.2026, which was also prescribed as the cut-off date for determining eligibility with regard to the requisite educational and professional qualifications.

03. Learned counsel further submits that, owing to several errors in the question paper of the UGC-NET June 2026 examination in English, the NTA decided to conduct a re- examination, which was held on 09.09.2026. Consequently, the result of the English paper was declared only on 17.09.2026, after the expiry of the prescribed cut- off date for submission of applications for the post of Assistant Professor. It is contended that the applicants qualified the said examination and thereby acquired the requisite eligibility for the post; however, they could not submit their application forms within the prescribed period because the result had not been declared by the cut- off date, for reasons entirely beyond their control.

04. Learned counsel also submits that the applicants

Location:

Devendra Tripathi submitted a representation dated 21.09.2026 before respondent No. 2, seeking extension of the eligibility cut- off date up to 17.09.2026, or such other date as may be considered appropriate, to enable candidates who qualified the UGC-NET June 2026 examination in English to participate in the ongoing recruitment process. However, the said representation has not been considered or decided till date. It is further contended that the selection process pursuant to the notification dated 31.07.2026 has not yet culminated and that permitting the applicants to submit their application forms would not prejudice the rights of other candidates. The applicants, therefore, seek directions to the respondents to accept their application forms for the post of Assistant Professor (English), notwithstanding the cut-off date of 31.08.2026, by opening the online portal or permitting submission through an alternative mode, and to consider their candidature on merit along with other eligible candidates. In the alternative, they seek extension of the cut-off date

Location:

Devendra Tripathi for determining eligibility in the discipline of English up to 17.09.2026, together with permission to participate in the selection process and grant of consequential benefits, in accordance with law.

05. However, after arguing the matter for some time, learned counsel for the applicants submits that the interests of justice would be adequately served if the present Original Application is disposed of with a direction to the respondents to treat the same as a representation and consider the applicants' claims for acceptance of their application forms for the post of Assistant Professor (English), extension of the eligibility cut-off date in view of the delayed declaration of the UGC-NET June 2026 result in English, and consideration of their candidature on merit along with other eligible candidates, together with the documents annexed thereto, strictly in accordance with law within a stipulated period.

06. Mr. Syed Musaib, learned DAG, appearing on behalf of respondent No. 1, and Ms. Farhat Riyaz, learned counsel

Location:

Devendra Tripathi appearing vice Mr. Shah Aamir for respondent No. 2, on advance notice, submit that the present Original Application may be disposed of with appropriate directions, without prejudice to the rights and contentions of the parties.

07. Heard learned counsel for the parties and perused the record.

08. Having considered the submissions made at the Bar and the material placed on record, this Tribunal is of the considered opinion that no useful purpose would be served by keeping the present Original Application pending, particularly in view of the limited prayer made on behalf of the applicants.

09. Accordingly, in view of the limited prayer made on behalf of the applicants, this Tribunal, without expressing any opinion on the merits of the case or the rival claims of the parties, deems it appropriate to dispose of the present Original Application with a direction to the respondents to treat the same as a representation and consider the

Location:

Devendra Tripathi applicants' claims for acceptance of their application forms for the post of Assistant Professor (English), extension of the eligibility cut-off date in view of the delayed declaration of the UGC-NET June 2026 result in English, and consideration of their candidature on merit along with other eligible candidates, together with the documents annexed thereto, strictly in accordance with the applicable rules and regulations and the law governing the field, subject to the applicants fulfilling the requisite eligibility and entitlement and there being no legal impediment in doing so.

10. The respondents shall pass a detailed, reasoned and speaking order within a period of two (02) weeks from the date a certified copy of this order is served upon them.

11. Till the representation is decided, the respondents shall not proceed further with the selection process for the post of Assistant Professor (English) pursuant to Notification No. 05-PSC (DR-P) of 2026 dated 31.07.2026.

Location:

Devendra Tripathi

12. It is made clear that this Tribunal has not expressed any opinion on the merits of the applicants' claims, and all questions of fact and law are left open to be considered and decided by the competent authority while passing the aforesaid order.

13. With the aforesaid directions, the Original Application stands disposed of. Pending miscellaneous applications, if any, shall also stand disposed of.

14. No order as to costs.

15. Registry shall consign the record to the Record Room after due compliance.

PRASANT KUMAR (JUSTICE RITU TAGORE) Member(Admn.) Member(Judl.)

28-10-2026 DEVENDRA TRIPATHI

Location:

Devendra Tripathi