Sr. No. 133 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case No.:-WP(C) No. 2804/2023 CM Nos. 6627/2023 & 5775/2024 Date of Pronouncement:-12.12.2025 Uploaded on:- 17.12.2025 Irfan Yousuf, Age 31 years, …. Petitioner(s)

S/o Mohammad Yousuf Kumar, R/o Buchwara, Dal Gage, Srinagar (Kashmir)

Through:- Mr. H A Siddiqui, Advocate.

Mr. Shamas Ud Din Shaaz, Advocate.

V/s

1. Indian Institute of Technology …..Respondent(s)

Th. its Director, IIT, Jagti NH-44, Nagrota Campus Jammu.

2. Registrar, Indian Institute of Technology, Jagti NH-44, Nagrota Campus Jammu.

3. Assistant Registrar, Indian Institute of Technology, Jagti NH-44, Nagrota Campus Jammu.

4. G.A. Digital World Pvt. Ltd., Sector 16, ..…Proforma Respondent(s)

Second Floor Aditya Mall, Indira Puram near ICICI Bank Ghaziabad.

5. Laxmi Chand and Sons Pvt. Ltd. 65/57, 1^st Floor, New Rohtak Road, Karol Bagh, New Delhi.

Through:- Mr. Pawan Kumar Hans, Advocate.

Ms. Pooja, Assistant Registrar, Establishment, IIT Jammu is present in person.

CORAM: HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE

ORDER(ORAL)

1. The petitioner in the instant petition filed under Article 226 of the Constitution of India has prayed for the following reliefs:-

(i) CERTIOARI, seeking to quash the decision of the respondents as conveyed to the petitioner through their e-mail dated 25.10.2023 read with e-mail dated

30.10.2023 for cancellation of the candidature of the petitioner on the post of Laboratory Officer (Material Science Engineering) for IIT, Jammu advertised by the respondents vide Advertisement Notification No. 01 of

2023 dated 28.04.2023.

(ii) Mandamus so as to direct and command respondents

1 to 3 to select and appoint the petitioner on the post of Laboratory Officer (Material Science Engineering) in view of non-joining of the selected candidate as per the Statutory Policy of Recruitment governing the selection and appointment in all the IITs of the country including IIT, Jammu, on the basis of the valid experience and qualification of the petitioner keeping into consideration his placement at Serial No. 1 in the waiting list and the post having fallen vacant by non-

joining of the selected candidate.

(iii) Any other appropriate writ, order or direction which though not prayed for yet is deemed just and expedient, may be issued in favour of the petitioner and against the respondents.”

2. The facts eme rging from the record, as are stated in the petition are that the petitioner claims to have obtained a degree of Bachelor of Technology in Metallurgy Material Engineering from NIT Srinagar in the year 2017 and applied for appointment to the post of Technical Assistant in NIT Srinagar in the year 2019, whereupon he came to be engaged as Technical Assistant in Central Workshop on monthly honorarium of ₹25,000/- (Rupees Twenty Five Thousand) with two days’ break and that the said engagement of the petitioner came to be extended till September, 2020, whereafter the NIT Srinagar outsourced such engaged contract based employees to an Agency, namely, M/S G A Digital Web Word Private Ltd., being respondent 4 herein and that though the petitioner worked in NIT Srinagar till July, 2023, yet his services came to be put on the disposal of the said respondents 4 & 5 being outsourced agencies w.e.f. August, 2023.

It is further stated that the respondent-Indian Institute of Technology, Jammu (for short, “IIT”), respondent 1 herein issued an Advertisement Notice on 28.04.2023, inviting applications therein for filling up the various posts of Laboratory Officer (Material Science Engineering) including a post under OBC Category in the pay scale of ₹35,400-1,12,400, in response to which, the petitioner being possessed of the eligibility applied along the necessary requisite documents including the experience certificate issued by NIT Srinagar dated 20.03.2023, as also an experience certificate issued by respondent 3 dated 06.07.2023.

It is next stated that the application form of the petitioner after being scrutinized by the respondent 1 her