Central Administrative Tribunal

Dr Zubair Ahmad Najar vs HEALTH AND MEDICAL EDUCATION DEPARTMENT on 13 November 2026

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CENTRAL ADMINISTRATIVE TRIBUNAL SRINAGAR

Order Sheet

Item no.: 2

O.A./1259/2026 (SRINAGAR)

[ NOC ]

Court No.: 2

No of Adjournment:

Order Dated: 13/11/2026

DR ZUBAIR AHMAD NAJAR

Vs

HEALTH AND MEDICAL EDUCATION DEPARTMENT

For Applicant(s) Advocate : MR. FAHD UL HAQ WITH MR. SALFI IZHAR

For Respondent(s) Advocate : MR. SYED MUSAIB, DAG THROUGH VIRTUAL MODE

Order of The Tribunal

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1. The present Original Application has been filed by the applicant, Dr. Zubair Ahmad Najar, who is serving as Assistant Professor (General Medicine) at Government Medical College, Handwara, having been appointed by the Government of Jammu & Kashmir, Health and Medical Education Department, vide Government Order No. ME-GZTDONMC/45/2024 (CC:7588457) dated 04.11.2024. The applicant joined the said institution on 22.11.2024.

2. The applicant applied for the post of Assistant Professor (General Medicine) at All India Institute of Medical Sciences (AIIMS), Awantipora, pursuant to Advertisement Notification No. 67/2026. Being an in-service candidate, he was required to furnish a No Objection Certificate (NOC) from his present employer. Accordingly, he submitted a representation seeking issuance of an NOC, which was received vide Receipt/Diary No. 6706037 dated 08.06.2026. However, despite the lapse of nearly five months, the competent authorities have neither issued the NOC nor communicated any decision on the applicant's request.

3. In the meantime, AIIMS Awantipora, vide Notification No. 3/AP/AWANTIPORA/2026 dated 08.10.2026, declared the applicant provisionally selected for the S-3 post at Serial No. 14 and thereafter called him for an interview on 15.11.2026, subject to production of the NOC. The applicant again submitted a representation bearing No. 7075736/2026 dated 03.11.2026, bringing the urgency of the matter and his provisional selection to the notice of the Administrative Secretary. The said representation has also remained undecided.

4. Through the present O.A., the applicant seeks appropriate directions to respondent Nos. 1 and 2 to consider and decide his pending representations and issue the NOC, and to respondent Nos. 3 and 4 to permit him to participate in the interview scheduled for 15.11.2026, notwithstanding non- production of the NOC, subject to such conditions as this Tribunal may deem fit. The applicant does not seek exemption from any substantive recruitment condition but seeks protection against prejudice arising from the inaction of his employer.

5. 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.

6. Heard learned counsel for the petitioner.

7. Issue notice.

8. 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.

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

10. 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.

11. 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 the respondents till date, the respondents are directed to consider the said request before the scheduled date of interview, i.e., 15.11.2026.

12. 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.

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

14. 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 interview scheduled for 15.11.2026. 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.

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

3 and 4.

16. 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.

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

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