Prince Shahnawaz Malik & Ors vs Aga Syed Barkat Hussain And Ors on 1 July, 2025

Jammu & Kashmir High Court – Srinagar Bench

Prince Shahnawaz Malik & Ors vs Aga Syed Barkat Hussain And Ors on 1 July, 2025

Author: Sanjeev Kumar

Bench: Sanjeev Kumar

                                                                                       Serial No. 34
                                                                                   SUPPLEMENTARY LIST I

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

                                                      WP(C) 1509/2025
                                                       CM 3862/2025
                        PRINCE SHAHNAWAZ MALIK & ORS.                     ...Petitioner/Appellant(s)

                        Through: Mr. Jahangir Iqbal Ganai, Sr. Advocate with
                                 Ms. Mehnaz Rather, Advocate
                                                        Vs.

                        AGA SYED BARKAT HUSSAIN AND ORS.                            ...Respondent(s)

Through: Mr. Bhat Fayaz, Advocate for R-1 to 9.

Mr. Abdul Rashid Malik, Sr. AAG for R-10 to 12.
CORAM:

HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE

ORDE R
01.07.2025

1. In this petition filed under Article 226 of the Constitution of India,

the petitioners seek to challenge an order dated 9th December, 2024,

passed by the Central Administrative Tribunal, Srinagar [“the Tribunal”]

in OA No. 730/2024, whereby the Tribunal has directed the official

respondents not to operate the waitlist notified vide order dated 19th

November, 2024.

2. The impugned order is assailed by the petitioners primarily on the

ground that the interim relief granted by the Tribunal goes beyond the

prayer made in the application bearing MA No. 985/2024.

3. On the asking of the Court, Mr. Bhat Fayaz, learned counsel,

appeared on behalf of the respondents 1 to 9 and Mr. Abdul Rashid

Malik, learned Sr. AAG appeared on behalf of respondents 10 to 12.

4. We have heard the learned counsel for the parties and perused the

MIR ARIF MANZOOR
material on record. The application on which the impugned interim order
I attest to the accuracy and
authenticity of this document

02.07.25
has been passed by the Tribunal was moved by the petitioners (private

respondents herein), seeking a direction to the official respondents to

reserve nine posts of Works Supervisor in the Public Works (R&B)

Department, advertised in terms of Advertisement Notification No. 05 of

2020 dated 24th December, 2020, under item No 134. The aforesaid

direction was prayed by the private respondents herein on the ground that

their names figure in the select list, though their selection has been

withheld pending verification of their testimonials. The application was

considered by the Tribunal, and in terms of the impugned order, the

Tribunal instead of reserving the nine posts of Works Supervisor in the

Public Works (R&B) Department as prayed for by the private

respondents herein, passed a sweeping order staying the entire waitlist.

This was obviously beyond the prayer made by the applicants.

5. Mr. Bhat Fayaz, learned counsel who appeared for the private

respondents on asking of the Court could not justify the said direction.

6. In view of the aforesaid, this petition is allowed and the impugned

order is set aside. We, however, provide that till the main application

bearing OA No. 730/2024 is considered and decided, the official

respondents shall keep nine posts of Works Supervisor in the Public

Works (R&B) Department reserved.

7. Disposed of.

                                 (SANJAY PARIHAR)                      (SANJEEV KUMAR)
                                          JUDGE                                JUDGE
                         SRINAGAR:
                         01.07.2025
                         "Mir Arif"



MIR ARIF MANZOOR
I attest to the accuracy and
authenticity of this document

02.07.25