Jammu: A Division Bench of the High Court of Jammu & Kashmir and Ladakh, comprising Justice Sanjeev Kumar and Justice Sanjay Parihar, has admitted a writ petition challenging a Central Government notification that brought J&K universities under the jurisdiction of the Central Administrative Tribunal (CAT).
The petition, filed by Dr. Muheet Ahmad Butt—a former Scientist D at the University of Kashmir—raises serious constitutional concerns related to federalism, legislative authority, and the autonomy of state-run institutions following the reorganization of J&K in 2019.
DSGI T.M. Shamsi waived the notice on behalf of the Centre and sought three weeks to file objections.
The controversy stems from Dr. Muheet’s termination from service on August 13, 2022, through an order issued under Article 311(2)(c) of the Constitution by the Lieutenant Governor. Dr. Muheet, who joined the University as a contractual lecturer in 2004 and rose to the position of Scientist D in the Department of Computer Science in 2012, had challenged his dismissal before the High Court.
While the High Court had protected the post from being filled, the issuance of Notification No. GSR 471(E) dated August 2, 2024, led to the case being transferred to CAT—prompting the current petition challenging the notification itself.
The said notification brought ten universities in J&K, including the University of Kashmir, University of Jammu, and SKIMS, under CAT’s jurisdiction under Section 14(2) of the Administrative Tribunals Act, 1985. However, Dr. Muheet’s plea challenges only the inclusion of the University of Kashmir.
Represented by Advocates Salih Pirzada, Sharaf Wani, Bhat Shafi, and Syed Ainain Qadri, the petitioner argues that the University of Kashmir is a statutory autonomous institution governed by the Kashmir and Jammu Universities Act, 1969. Hence, it is not subject to direct Central Government control and should remain outside CAT’s purview.
The petition asserts that Section 14(2) permits the Centre to extend CAT jurisdiction only to institutions it owns or controls. Since J&K, despite being a Union Territory, has a legislature under Article 239-A and retains legislative authority over education under Section 32 of the J&K Reorganization Act, 2019, the notification is seen as a violation of constitutional boundaries.
The petitioner also highlights that no universities outside J&K have been included under CAT through similar notifications, making the move discriminatory and violative of Articles 14, 16, 19, and 21 of the Constitution.
Seeking quashing of the notification insofar as it includes the University of Kashmir, Dr. Muheet also prays for recall of the order transferring his case to CAT, allowing the High Court to continue hearing the matter.
