Service Law – High Court canceled the appointment of the appellants as Assistant Professors in the Department of Physical Medicine & Rehabilitation (PMR), Sher-I-Kashmir Institute of Medical Sciences, Soura, Srinagar (SKIMS) holding that they did not have the prescribed qualification of diploma course in PMR – It was held that they did not make any effort for admission into the institutions that ran the aforesaid course and that there was nothing on record to show that obtaining a diploma in PMR was impossible – Challenge to:
Held: High Court erred in setting aside the appointment of the appellants – Notification issued by the competent authority, blocking two positions of Assistant Professor for the appellants shows that the two candidates were to be sponsored for twoyear diploma in their specialty whereafter, they would serve the institution for seven years in accordance with the necessary bond – Therefore, it was SKIMS that had to make arrangements to secure admission for the appellants however, it could not arrange for the appellants to undertake the course – Further, it was also found that various colleges had shut down the diploma course – Moreover, the appellants did undertake such training and the first appellant, even secured a letter of recommendation by the Head of Department, AIIMS Delhi – Appellants to be reinstated in service as Assistant Professors with continuity in service. [Paras 8, 9, 11, 12, 15]
Service matters – Public Interest Litigation – Maintainability – Discussed.
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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