DB issues notice in petition challenging Central Govt notification brought J & K universities within jurisdiction of CAT

A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Justice Sanjeev Kumar and Justice Sanjay Parihar issued notice in a writ petition filed by a former Scientist D at the University of Kashmir, challenging a Central Government notification that brought J&K universities within the jurisdiction of the Central Administrative Tribunal (CAT).

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The petition raises critical constitutional questions about federalism, legislative powers, and the autonomy of state institutions post-reorganization of Jammu & Kashmir.

DSGI T.M. Shamsi, waived notice on behalf of the Centre and sought three weeks' time to file objections.

The roots of the case lie in petitioner Dr. Muheet Ahmad Butt's abrupt dismissal from service on August 13, 2022, by an order issued under Article 311(2)(c) of the Constitution, invoked by the Lieutenant Governor of Jammu and Kashmir. At the time, Dr. Muheet was serving as Scientist D in the Department of Computer Science, having been appointed to the post by the University Syndicate in 2012. He had initially joined the University as a Contractual Lecturer and was later appointed as a Trainee Engineer in 2004.