Excelsior Correspondent
JAMMU, Apr 16: The Supreme Court has stayed the operation of a judgment passed by the High Court of Jammu & Kashmir and Ladakh in a case concerning a Sher-e-Kashmir University of Agricultural Sciences and Technology (SKUAST), Jammu faculty member who had taken up a foreign assignment without prior permission.
While hearing a Special Leave Petition filed by Dr Ankur Sharma, a bench of the Apex Court comprising Justice M M Sundresh and Justice Prasanna B Varale issued notice to the respondents and ordered that the operation of the impugned High Court judgment shall remain stayed till the next date of hearing, fixed for May 22, 2026.
The High Court, in its February 27, 2026 judgment, had set aside an order of the Central Administrative Tribunal (CAT), Jammu Bench, which had earlier granted relief to the faculty member by quashing a show cause notice and directing the University to grant post-facto sanction for her foreign assignment at the United Arab Emirates University.
The case pertains to Dr Sharma, an Associate Professor at SKUAST-Jammu, who had applied for a teaching position abroad and was subsequently selected for a tenure beginning January 2025. She had sought permission from the University to apply and appear for the interview, but alleged that no timely decision was taken by the authorities.
Later, the University issued a show cause notice to her for applying and participating in the selection process without formal approval, prompting her to approach the CAT.
The Tribunal ruled in her favour, citing administrative delay and holding that she could not be penalised for inaction on the part of the authorities. It directed the University to grant post-facto sanction.
However, the High Court overturned the CAT order, holding that Government employees cannot take up foreign employment without prior sanction and that such permission lies within the discretionary domain of the employer.
With the Supreme Court now staying the High Court order, the matter has gained significance, as it involves key questions regarding administrative discretion and rights of Government employees in pursuing foreign assignments.
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