mohamad muzzafer mir vs HEALTH AND MEDICAL EDUCATION DEPARTMENT on 13 November 2026

1. The case of the applicant, as projected in the O.A., is that he is presently serving in the Department of General Medicine, Government Medical College, Anantnag, having joined the institution on 20.02.2021. The applicant is a substantive Medical Officer in the Health Department of J&K and is presently working on deputation at GMC Anantnag.

2. Respondent No. 3 issued Advertisement Notification No. 67/2026 dated 15.05.2026, pursuant to which the applicant applied for the posts of Associate Professor, General Medicine; Assistant Professor, General Medicine; and Assistant

Professor, Gastroenterology. For participating in the aforesaid recruitment process, the applicant sought issuance of a No Objection Certificate (NOC) from his present employer. His request, along with the application for an Experience Certificate, was forwarded by the Head of the Department, General Medicine, GMC Anantnag, to the Principal vide communication No. EST/GMCA/MED/26-27/197 dated 15.06.2026. The said communication also recorded that the applicant's work, conduct and professional performance had remained good. However, the requisite NOC has not been issued.

3. Thereafter, respondent No. 3, vide screening report dated 08.10.2026, declared the applicant provisionally eligible for the posts of Assistant Professor, General Medicine, and Associate Professor, General Medicine, subject to production of an NOC from his present employer. The interview is scheduled to be held on 15.11.2026. The applicant is thus facing disqualification from the selection process solely on account of non-issuance of the NOC by his present employer, despite having approached the competent authority well before the closing date of applications. Accordingly, the applicant seeks directions for issuance of the NOC and, by way of interim relief, permission to participate in the scheduled interview without insisting upon production of the NOC.

4. Learned counsel for the applicant has brought to the notice of this Tribunal an order passed by the coordinate Bench of this Tribunal in an identical matter bearing O.A. No. 1253/2026, dated 05.11.2026, and has prayed that, in order to maintain parity, a similar order may be passed in the instant case as well.

5. Heard learned counsel for the applicant at length.

6. Issue notice.

7. Mr. Syed Musaib, learned DAG, accepts notice on behalf of respondent Nos. 1 and 2 and seeks time to file the reply. Let the reply be filed on or before the next date of hearing, with an advance copy to the other side.

8. None has appeared on behalf of respondent Nos. 3 and 4, either in person or through virtual mode.

9. Learned counsel for the applicant is directed to take necessary steps for service upon respondent Nos. 3 and 4 by filing RC/AD covers before the Registry within two days.

10. Having regard to the fact that the applicant is stated to have submitted his request for issuance of an NOC before the respondents, which has allegedly not been considered by them till date, the respondents are directed to consider the said request before the scheduled date of interview, i.e., 15.11.2026.

11. In this regard, I am fortified by the judgment passed by the Division Bench of the Hon'ble High Court of Jammu & Kashmir and Ladakh in WPC No. 2638/2026, titled Chairman and Another v. Naseer Ahmad Malik and Another, decided on 02.11.2026.

12. List this matter on 29.12.2026 for filing of the reply.

13. Meanwhile, whatever decision is taken by respondent Nos. 1 and 2 in the instant case shall be immediately communicated to respondent Nos. 3 and 4 for further necessary action. In the event the applicant's request is not considered by the respondents before the scheduled date of interview, respondent Nos. 3 and 4 shall provisionally permit the applicant to participate in the interviews scheduled for 15.11.2026 for the posts of Assistant Professor, General Medicine; Associate Professor, General Medicine; and Assistant Professor, Gastroenterology. However, such participation shall remain subject to the outcome of the present O.A. and shall not, by itself, confer any right of appointment upon the applicant. It is further ordered that the result of the applicant shall not be declared unless ordered otherwise and the same shall be kept in a sealed cover.

14. The Registry is directed to reflect the names of learned counsel for respondent Nos. 3 and 4 in the cause title. The Registry shall also transmit a copy of this order to respondent Nos. 3 and

4.

15. In view of the urgency expressed at the Bar, the instant order shall be issued under the seal and signature of the In-charge Judicial, CAT, Srinagar Bench.

16. Alteration/modification, on motion. M. S. Latif Member (J) Shubham Sharma ( steno 'd' )