CAT directs IUST to maintain status quo on Librarian’s appointment

Srinagar, Jun 6: The Central Administrative Tribunal (CAT) in Srinagar has directed Islamic University of Science and Technology (IUST) to maintain status quo on the appointment of a Librarian.

A bench comprising Judicial Member, M S Latif and Administrative Member Prasant Kumar ordered the status quo after observing that prima facie a case for indulgence was made out. The Tribunal issued notice to IUST and Kashmir University, seeking their response to the aggrieved appointee, Dr Sheikh Muhammad Imran’s plea within four weeks. Sheikh’s plea is that in pursuance of IUST advertisement dated February 6, 2024 applications were invited for various posts including the post of Librarian under the unreserved category. The posts were notified to be filled on a regular basis in accordance with the applicable statutes and UGC Regulations, 2018.

Sheikh was serving as Assistant Librarian in the University of Kashmir, applied for the Librarian post advertised by IUST through advertisement notice no. 01 of 2024. Following the selection process, he was recommended for the post of Librarian in IUST by the Selection Committee and appointed through an order dated January 17, 2025.

His further contention is that in terms of the order his appointment was offered on “tenure basis” initially for a period of three years with probation to which, being aggrieved, he sought amends through representations. Subsequently, the varsity issued a corrigendum dated January 27, 2025 modifying certain conditions of appointment, according to Sheikh’s plea. Relying upon the nature of advertisement and selection, Sheikh tendered technical resignation from the University of Kashmir where he was serving as Assistant Librarian and joined IUST as librarian on March 18, 2025, while the lien against his previous post was retained and was subsequently extended.

Sheikh submitted that despite repeated representations, the IUST did not accord regular appointment in his favour and issued an order dated November 6, 2025 whereby they changed the tenure condition from three years to five years. Furthermore, he contended that similarly situated candidates selected under the same advertisement process were appointed on a regular basis, whereas he was subjected to tenure appointment, which amounted to discriminatory treatment.

Senior counsel, Showkat Ahmad Makroo, on behalf of Dr Sheikh argued that “once a post is advertised on a regular basis, the nature of appointment cannot subsequently be changed, as the same will amount to violation of Articles 14, 16 and 21 of the Constitution”. He submitted that the librarian post was advertised on a regular basis and the advertisement nowhere mentioned that the post was tenure basis or otherwise. Moreover, he argued that the post of Librarian as envisaged in the Islamic University of Science and Technology Act of 2025 is a regular post and duly borne, and sanctioned along with other posts. After hearing the Sheikh through his counsel, the Tribunal issued notice and directed to maintain the status quo on the appointment.