HC upholds college Principal selections, grants retrospective confirmation to In-Charge Principals

30/09/2026

JAMMU, Sep 29: The High Court of Jammu & Kashmir and Ladakh has upheld the selection and appointment of Princ-ipals of Government Degree Colleges made through the Public Service Commission, while granting retrospective confirmation to eligible In-Charge Principals who had retired after serving on the higher posts for several years.
A Division Bench comprising Justice Sanjeev Kumar and Justice Shahzad Azeem delivered the judgment on September 28, 2026, in a batch of petitions arising from an earlier order of the Central Administrative Tribunal, Jammu Bench. The judgment had been reserved on September 17.
The dispute arose after the Tribunal had quashed the selection process that culminated in Government Order No. 684-HE of 2017 and directed the authorities to undertake a fresh selection process. The Tribunal's decision was challenged by the UT Government as well as selected candidates, including Dr Yasmeen Ashai and others.
The High Court examined the recruitment rules applicable to the post of Principal and held that, both before and after the 2014 amendment, recruitment continued to be made "by selection through PSC/DPC". The Bench observed that while the eligibility conditions had undergone changes, the basic method of recruitment remained unchanged.
The Court also noted that the candidates who were not ultimately selected had been considered by the PSC and that there was no allegation that the selection process was unfair, arbitrary or affected by mala fides.
Finding no infirmity in the PSC selection process, the Division Bench set aside the Tribunal's order and upheld the appointments made pursuant to Government Order No. 684-HE of 2017.
At the same time, the Bench took note of the prolonged continuation of In-Charge arrangements and observed that the Government and the PSC could not permit such arrangements to continue for years without conducting regular selection processes.
The Court observed that failure to convene timely DPCs or PSCs had contributed to avoidable litigation and emphasised the need for timely completion of regular selection processes.
In a significant relief to retired In-Charge Principals, the Court directed the Government to treat the private respondents who were holding the post of Principal in an In-Charge capacity at the time of their retirement as having been confirmed retrospectively from the respective dates of their appointment as In-Charge Principals.
The Bench, however, clarified that the beneficiaries would not be entitled to arrears of pay. They would, nevertheless, be entitled to revision of their post-retiral emoluments and pension in accordance with the applicable rules.
The connected contempt petition was also dismissed, with the Court holding that, in view of its decision upholding the selection process and appointments, no case of wilful or deliberate disobedience was made out.
The judgment thus upheld the regular selection process while extending consequential post-retiral benefits to eligible retired In-Charge Principals.

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