Srinagar, Nov 05, KDC: The Central Administrative Tribunal (CAT) in Srinagar has directed the Jammu & Kashmir government to reserve a police constable post for a selected candidate who was denied a formal appointment allegedly because his brother is facing a criminal trial.
Invoking Victor Hugo’s classic novel Les Misérables and the writings of Lord Denning, the Tribunal observed that a modern justice system should aim to reform individuals rather than branding them criminals for life.
The applicant, Mudasir Bashir Sheergojri, had applied for the post of Constable in the Home Department under the OBC category, following Advertisement Notification No. 01 of 2024 issued on July 16, 2024. After successfully qualifying the written examination, Physical Standard Test (PST), and Physical Endurance Test (PET), Sheergojri secured a spot at Serial No. 107 in the Final Select List published on February 20, 2026.
Consequently, the Additional Director General of Police, Armed Police Headquarters, issued an adjustment order on March 21, 2026, placing the applicant in the 18th Battalion, Indian Reserve Battalion (IR18). In compliance with the order, Sheergojri reported to the Commandant, submitted his original testimonials, and completed the prescribed Employee Verification Form.
While other similarly situated candidates received their formal appointment orders from their respective Commandants, Sheergojri’s was inexplicably withheld without any written communication or stated reason. Despite filing formal representations on September 8 and September 21, 2026, and subsequently filing an RTI application, he received no official response from the authorities.
During the tribunal hearing, the applicant’s counsel, Advocate Ishtiyaq Ahmad Mir, submitted that officials had orally informed the candidate that his security clearance was withheld because his brother was facing a criminal trial.
Advocate Ishtiyaq argued that the applicant himself possessed an “absolutely clean and unblemished record” with no FIRs, preventive proceedings, or unlawful activities linked to his name.
“The action of the respondents in withholding the applicant’s formal appointment order solely on account of the alleged criminal case involving his brother is wholly arbitrary, irrational and legally unsustainable,” the counsel argued, citing multiple Supreme Court judgments to assert that the deprivation of a rightful appointment must be backed by reason and law.
A division bench comprising Judicial Member M. S. Latif and Administrative Member Prasant Kumar took a strong view of the government’s inaction.
“In a democracy we are governed by the Rule of Law and no authority, howsoever higher he may be, cannot be permitted to ignore the constitutional provisions,” the Tribunal observed, noting that fundamental rights cannot be tampered with on “flimsy” grounds.
The bench stressed that while competent authorities can deprive a candidate of an appointment, it must be based on cogent material against the applicant himself.
Drawing a literary parallel, the Tribunal referenced Jean Valjean from Les Misérables, who was branded a thief for his entire life for committing the minor offence of stealing a loaf of bread for his hungry family.
The bench also quoted extensively from Lord Denning’s Due Process of Law regarding a group of Welsh students who invaded the High Court to protest. Emphasizing Lord Denning’s compassionate approach to pardoning the students and allowing them to return to their studies, the Tribunal highlighted the importance of showing mercy.
“The modern approach should be to reform a person instead of branding him as a criminal all his life,” the bench noted.
Stating that a prima facie case had been made out, the CAT issued a notice to the respondents. Rais Ud Din Ganaie, Deputy Advocate General (DAG) representing the Home Department, accepted the notice and was granted four weeks to file a response.
As interim relief, the Tribunal ordered that the specific post for which Sheergojri was selected “shall not be advertised or filled up by any mode” until the next date of hearing, which is scheduled for February 25, 2027. (KDC)
