Srinagar, Nov 6: The Central Administrative Tribunal (CAT), Srinagar, has directed authorities not to advertise or fill a constable's post after he was allegedly denied a formal appointment because his brother is facing trial in a criminal case.
In an interim order, the tribunal observed that a person should not be branded a criminal for life and questioned the fairness of withholding an appointment on grounds allegedly relating to a family member rather than the selected candidate.
The direction came in a petition filed by Mudasir Bashir Sheergojri, whose name figured in the final selection list for constable posts in the Home Department under Advertisement Notification No. 01 of 2024.
A bench comprising Administrative Member Prasant Kumar and Judicial Member M.S. Latif directed that the post for which the applicant was selected shall not be advertised or filled through any mode until the next date of hearing. The tribunal clarified that the interim protection was granted at the preliminary stage without expressing any opinion on the merits of the case.
According to the petition, Sheergojri applied under the OBC category and completed the written examination, Physical Standard Test and Physical Endurance Test. His name figured at serial number 107 in the final select list issued by the JKSSB on February 20, 2026.
Subsequently, the Armed Police Headquarters issued Adjustment Order No. 671 of 2026 on March 21, assigning him to the 18th Battalion of the Indian Reserve Battalion (IRB-18).
The selected candidates were required to report to their respective Commandants with original documents, following which formal appointment orders were to be issued after completion of prescribed verification formalities.
The applicant claimed that he reported to the Commandant and submitted all required documents, including his educational certificates and Employee Verification Form. However, despite completing the formalities, he was not issued an appointment order.
His counsel, Ishtiyaq Ahmad Mir, submitted that the applicant was orally informed that his appointment had been withheld because his brother was facing trial in a criminal case and security clearance had allegedly not been granted.
The counsel argued that Sheergojri had an unblemished record and had never been involved in any criminal case or unlawful activity. He contended that denying appointment solely on account of an alleged criminal case involving his brother was arbitrary and legally unsustainable.
The tribunal observed that authorities could deny consideration for appointment only where cogent reasons, supported by relevant material, justified such action in accordance with law.
In its order, the bench invoked Victor Hugo's celebrated novel Les Miserables, referring to its central character Jean Valjean, who was branded a thief throughout his life after stealing a loaf of bread to feed his hungry family.
The tribunal also referred to British judge Lord Denning's observations in Due Process of Law concerning Welsh students convicted of contempt of court, emphasising the importance of giving individuals an opportunity to reform and resume their lives.
Drawing on these examples, the bench observed that the modern approach should be to reform individuals rather than permanently stigmatise them.
The tribunal issued notice to the respondents, with Deputy Advocate General Rais-ud-Din Ganaie accepting notice on their behalf. The respondents have been granted four weeks to file their response.
The matter has been listed for further hearing on February 25, 2027