Central Administrative Tribunal

Dr Abdul Qayoom Rather vs HEALTH AND MEDICAL EDUCATION DEPARTMENT on 13 November 2026

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CENTRAL ADMINISTRATIVE TRIBUNAL SRINAGAR

Order Sheet

Item no.: 9

O.A./1262/2026 (SRINAGAR)

[ NOC ]

Court No.: 2

No of Adjournment:

Order Dated: 13/11/2026

DR ABDUL QAYOOM RATHER

Vs

HEALTH AND MEDICAL EDUCATION DEPARTMENT

For Applicant(s) Advocate : MR. MUDASHIR BIN HASSAN

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

Order of The Tribunal

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1. The case of the applicant, as projected in the O.A., is that he was appointed as Medical Officer in the discipline of General Medicine in the year 2014 and has served the respondent Department for more than twelve years. All India Institute of Medical Sciences (AIIMS), Awantipora, vide Advertisement Notification No. 67/2026 dated 15.05.2026, advertised various faculty posts and invited online applications from 20.05.2026 to 18.06.2026. The applicant, being fully eligible, applied for the post of Assistant Professor in General Medicine. Since in- service candidates were required to obtain a No Objection Certificate (NOC) from their employer, the applicant, along with other similarly placed Medical Officers, applied for issuance of the same.

2. On 08.10.2026, AIIMS, New Delhi, declared the applicant eligible for the interview, and the Administrative Department assured him that the requisite NOC would be issued before the interview. Subsequently, vide interview call letter dated 29.10.2026, the applicant was called for an interview scheduled for 15.11.2026 and directed to produce an NOC from his employer. On 06.11.2026, respondent No. 1 forwarded the applicant's case to respondent No. 2; however, no decision has been taken till date. It is further submitted that this Tribunal has already granted interim protection to a similarly situated doctor vide order dated 15.06.2026. The applicant seeks only a fair opportunity to compete on merit for the advertised post, contending that the inaction of the respondents is arbitrary and violative of Articles 14 and 16 of the Constitution of India.

3. 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.

4. Heard learned counsel for the petitioner at length.

5. Issue notice.

6. 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.

7. None has appeared on behalf of respondent No. 3, either in person or through virtual mode.

8. Learned counsel for the applicant is directed to take necessary steps for service upon respondent No. 3 by filing RC/AD covers before the Registry within two days.

9. 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, respondent Nos. 1 and 2 are directed to consider the said request before the scheduled date of interview, i.e., 15.11.2026.

10. 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.

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

12. Meanwhile, whatever decision is taken by respondent Nos. 1 and 2 in the instant case shall be immediately communicated to respondent No. 3 for further necessary action. In the event the applicant's request is not considered by the respondents before the scheduled date of interview, respondent No. 3 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.

13. The Registry is directed to reflect the name of learned counsel for respondent No. 3 in the cause title. The Registry shall also transmit a copy of this order to respondent No. 3.

14. 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.

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

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