muzzafar zaman vs HEALTH AND MEDICAL EDUCATION DEPARTMENT on 13 November 2026

1. The case of the applicant, as projected in the O.A., is that, being possessed of the requisite eligibility prescribed under Advertisement Notification dated 15.05.2026, the applicant applied before respondent Nos. 3 and 4 for appointment to the post of Assistant Professor (General Surgery) at AIIMS Awantipora. The applicant has been called to appear for an interview scheduled on 14.11.2026, vide interview notification dated 28.10.2026. In terms of the advertisement and the interview call letter, the applicant has been advised to produce a No Objection Certificate (NOC) from his present employer.

The applicant has applied for the said certificate through proper channel, and his request has been recommended by the Department. However, the matter is still pending consideration before respondent No. 1. The applicant apprehends that the requisite NOC may not be issued before the scheduled date of interview and, consequently, he may not be permitted to participate in the interview, thereby compelling him to approach this Tribunal through the present O.A.

2. 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.

3. Heard learned counsel for the petitioner at length.

4. Issue notice.

5. 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.

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

7. 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.

8. 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.,14.11.2026.

9. 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.

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

11. 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 14.11.2026. 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.

12. 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.

13. 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.

14. Alteration/modification, on motion.

M. S. Latif Member (J) Shubham Sharma ( steno 'd' )