The Jammu & Kashmir and Ladakh High Court has issued a notice in a writ petition filed by Dr. Muheet Ahmad Butt, a former Scientist D at the University of Kashmir. He has challenged a notification by the Central Government that brought universities in Jammu & Kashmir under the jurisdiction of the Central Administrative Tribunal (CAT). This case raises significant constitutional questions about federalism, legislative boundaries, and university autonomy after the reorganization of Jammu & Kashmir.
The matter was heard by a bench of Justices Sanjeev Kumar and Sanjay Parihar. The court has asked the Union of India to respond. Mr. T.M. Shamsi, Deputy Solicitor General of India, accepted the notice on behalf of the Centre and requested three weeks to file objections.
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"The petitioner was removed from service under Article 311(2)(c) without being given a chance to defend himself," the plea states.
Dr. Muheet was dismissed from his position on August 13, 2022, through an order issued by the Lieutenant Governor of Jammu and Kashmir. He had been working as Scientist D in the Department of Computer Science, having joined the University as a Trainee Engineer in 2004 and later promoted in 2012 by the University Syndicate.
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He initially approached the High Court after his termination, and the court protected the post from being permanently filled. However, after the Central Government issued Notification No. GSR 471(E) on August 2, 2024, the case was moved to CAT. Dr. Muheet then filed the current petition, questioning the legality of the notification.
The notification brought ten universities in the Union Territory, including the University of Kashmir, under CAT’s jurisdiction under Section 14(2) of the Administrative Tribunals Act, 1985.
“The University of Kashmir is an autonomous body governed by state law, not controlled by the Central Government,” the petition argues.
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Through his lawyers Salih Pirzada, Sharaf Wani, Bhat Shafi, and Syed Ainain Qadri, Dr. Muheet claims that the University of Kashmir functions under the Kashmir and Jammu Universities Act, 1969. He states that the university’s independent administrative framework keeps it outside the scope of the CAT.
The petition also argues that under Section 14(2) of the Act, the Central Government can extend CAT jurisdiction only to institutions it owns or controls. Jammu and Kashmir, though a Union Territory since the 2019 reorganization, still has a legislature under Article 239-A and retains authority over university matters under Section 32 of the J&K Reorganization Act, 2019.
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It also highlights Entry 32 of the State List under Article 246, which gives exclusive legislative powers to states or UTs with legislatures on university matters. Therefore, the notification allegedly amounts to executive overreach and violates constitutional boundaries.
“No other universities in India are brought under CAT by such a blanket notification, making this action discriminatory and against Articles 14, 16, 19, and 21 of the Constitution,” the plea adds.
The petitioner has requested the court to cancel the part of the notification that includes the University of Kashmir and to allow the High Court to continue handling his case. He has also asked for a writ of mandamus directing the authorities to recall the earlier transfer order.
The High Court will hear the matter next on June 30, 2025.
Case Title: Muheet Ahmad Butt Vs Union of India
