Cm(7024/2025) vs Mehraj Ahmad Shah
2025 Latest Caselaw 1858 J&K/2

Jammu & Kashmir High Court - Srinagar Bench

Cm(7024/2025) vs Mehraj Ahmad Shah on 29 October, 2025

Author: Sanjeev Kumar

Bench: Sanjeev Kumar

                                                        Serial No.41
                                                                            2025:JKLHC-SGR:281-DB
                                                     SUPPL. CAUSE LIST-I


 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                    AT SRINAGAR

                              WP(C) 2652/2025
                               CM(7024/2025)


Union Territory of J&K and Ors.                         ...Petitioner(s)


Through:      Mr. Abdul Rashid Malik, Sr. AAG with
              Mr. Mohd Younis Hafiz, Assisting Counsel

                                    Vs.



Mehraj Ahmad Shah                                      ...Respondent(s)


Through:      Mr. Adnan Fayaz, Advocate


CORAM:
      HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
      HON'BLE MR. JUSTICE SANJAY PARIHAR, JUDGE
                                  ORDER

29.10.2025

1. Impugned in this petition is an order and judgment

dated 27th August, 2025 passed by the Central Administrative

Tribunal (CAT), Srinagar Bench ["the Tribunal"] in OA No.

970/2025, titled "Mehraj Ahmad Shah Vs. Union Territory of

J&K and Ors.", whereby the Tribunal has allowed the Original

Application (OA) on the motion hearing stage and directed the

petitioners herein to permit the applicant therein to

participate in the examination for the post of Junior Engineer

(Civil) notified vide Advertisement Notification No. 03/2025,

dated 24th April, 2025.

2. The impugned order is challenged primarily on the 2025:JKLHC-SGR:281-DB

ground that the Original Application (OA) was allowed at the

motion hearing stage without affording any opportunity of

hearing to the petitioners.

3. Having heard learned counsel for the parties and

perused the material on record, we are of the considered

opinion that the impugned order passed by the Tribunal

cannot sustain as the same is in sheer violation of the

principles of natural justice.

4. The petitioners, though present before the Tribunal at

the motion hearing stage, were not granted even a day's time

to file their response before taking up the matter for final

consideration. Without going into the merits of the case, we

are inclined to allow this petition and set aside the judgment

dated 27th August, 2025 passed by the Tribunal. Ordered

accordingly.

5. Consequently, the Tribunal is directed to hear OA No.

970/2025 afresh and pass appropriate orders after affording

an opportunity of hearing to both sides.

6. Let the parties appear before the Tribunal on 11 th

November, 2025.

7. The petitioners herein shall, in the meanwhile, file their

objections to the Original Application (OA) and the same shall

be taken up for consideration by the Tribunal on the next date

of hearing.

8. In the meanwhile, till the matter is considered by the 2025:JKLHC-SGR:281-DB

Tribunal, the respondent shall be permitted to sit in the

examination at his own risk and responsibility and subject to

the orders that may be passed by the Tribunal after hearing

both the parties. The result of the respondent shall not be

declared until ordered otherwise by the Tribunal.

                 (SANJAY PARIHAR)            (SANJEEV KUMAR)
                     JUDGE                       JUDGE


 SRINAGAR:
  29.10.2025
 "Mir Arif"
          (i)    Whether the order is reportable?   Yes/ No.

          (ii)   Whether the order is speaking?     Yes/ No.