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2026 Supreme(Online)(CAT) 6720

CENTRAL ADMINISTRATIVE TRIBUNAL
M.S. Latif, Judicial Member, Prasant Kumar, Administrative Member
Abida Akhter – Appellant
Versus
Union Territory Of Jammu And Kashmir – Respondent
OA 558/2025|OA 399/2026|OA 375/2026



Advocates:
For the Appellants/Petitioners: Mir Suhail, Raja Jaffer, Azhar-ul-Amin, Numan Shafi, Shahid Ashraf
For the Respondents: Syed Musaib

Courts should exercise judicial restraint in matters of academic and procedural selection involving expert bodies. Judicial interference is discouraged unless there is a violation of statutory provisions, whereas the verification of credentials remains within the domain of the recruiting agency to ensure compliance with advertisement requirements.

Headnote:(A) Constitution of India - Art. 14 and 16 - Employment - Selection process - Academic expertise - The Court emphasized that matters purely academic in nature, including the verification of experience certificates and eligibility criteria, fall within the domain of expert bodies like the Recruiting Agency and should not be subjected to judicial interference unless there is a violation of statutory provisions, regulations, or notifications. (Paras 15, 16, 17, 21)

(B) Principles of Natural Justice - Necessary parties - The Court held that it cannot conduct a "rowing enquiry" into the veracity of experience certificates of selected candidates in the absence of those candidates being impleaded as party respondents, as any adverse order would violate the principles of natural justice. (Para 22)

Facts of the case:
The petitioner, a candidate for the post of Research Assistant, challenged a notice demanding an authentic experience certificate, and subsequently, the cancellation of her candidature due to an allegedly irrelevant certificate. Another petitioner sought appointment to the same position, claiming the first petitioner did not meet the essential qualifications. The controversy centered on the validity of experience certificates and the adherence to the advertisement criteria.

Findings of Court:
The Court declined to interfere in the academic determination of the recruiting body regarding the validity of experience certificates. It directed the recruiting agency to finalize the selection process in accordance with the advertisement notification while granting them liberty to verify the genuineness of the certificates of the selected candidates.

Issues: Whether the Court should interfere in the academic evaluation of an experience certificate, and whether the candidature of the petitioner was rightly cancelled for failing to meet the essential qualification requirements.

Ratio Decidendi: Judicial restraint should be exercised in academic and expert-led selection processes; courts should not substitute their own views for those of the expert selecting agency unless there is clear illegality, and no order affecting a party's rights should be passed without them being joined as a respondent.

Result: Petitions disposed of with directions for the recruiting agency to finalize the selection.

O R D E R

M.S.LATIF, M (J) oral

01/ In the peculiar facts and circumstances of these clubbed matters and at the request of learned counsel for the parties, this order shall dispose of all the three clubbed cases, viz. O.A 558/2025, O.A 399/2026 & O.A 375/2026.

02/ Through the medium of O.A 558/2025, the petitioner has, inter alia, sought the following reliefs :

“The Hon’ble Court may be pleased to quash and set aside the impugned notice dated 21.05.2025 (Annexure I), issued by Respondent No. 3, whereby the petitioner has been called upon to submit an experience certificate from the Registrar of Jamia Millia Islamia within seven days with further direction to respondent No. 3 (JKSSB) to take up the matter with Jamia Millia Islamia University for authentication of the experience certificate already submitted by the petitioner. Further relief is sought to direct the respondents to accept and act upon the experience certificate already issued by the Head of Department (HOD)/Principal Investigator of the research project at Jamia Millia Islamia, which is valid and competent as per institutional norms and supported by UGC/AICTE guidelines and direct the respondent No.3 to forward the case of the petitioner for formal appointment to the post of Research Assistant, under the OM category as per the final selection list dated 16.04.2025. The petitioner has also sought a direction, as an interim measure, that pending disposal of the case, the impugned notice (Annexure-I) be stayed with a further direction to the respondents to keep one post of Research Assistant (Science and Technology Department, UT Cadre) reserved.”

03/ When the matter came up for consideration on 28-05-2025, a detailed order was passed by the court, whereunder it was, inter alia, provided that subject to objections of the other side and till next date of hearing, the post, on which the applicant has been selected though not appointed, shall not be filled up. It was also provided that in case the JKSSB chooses, in the interest of justice, they can communicate with the Jamia Millia Islamia, New Delhi in order to ascertain the veracity or otherwise of the experience certificate submitted by the applicant in a sealed cover by maintaining the secrecy.

04/ What emerges out of the pleadings made in the O.A 558/2025 titled as Abida Akhter, is that the respondent – J&K Service Selection Board (JKSSB), issued an advertisement notification bearing No. 05 of 2020 dated 24-12-2020, inviting applications for filling up of various posts. It is submitted that the petitioner, being eligible, applied for the post of Research Assistant in the Department of Science and Technology. It is submitted that the qualifications, required for the post, were prescribed in the advertisement notification itself and the prescribed eligibility criteria for the said post was that a candidate must be having “First class Master’s Degree in any branch of Science/Mathematics/Statistics or First Class Master’s Degree in Engineering from any recognized Institution/University and one year experience in the field of Research Design and Innovation from any recognized Institution.”

05/ Learned counsel submits that he petitioner – Ms. Abida Akhter, has appeared in the open merit category enclosing her educational qualification and experience certificates as was required in terms of the advertisement notification. As stated, a final selection list was issued on 16-04-2025 by the respondent No.3 and the petitioner, as such, figured at S.No.3 in the open merit category. In the ‘Remarks column’, as contained in the final select list, it is provided that ‘Recommendation withheld subject to production of Experience Certificate in the relevant field from competent authority.’

06/ Aggrieved of the remark aforementioned in the final select list, the petitioner – Abida Akhter, was issued a final notice dated 21-05-2025, which is impugned in O.A 558/2025, perusal whereof reveals that the petitioner was given final opportuni

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