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Civil · Reportable judgment

Sheikh Javeed Ahmad & Anr. vs State of J&K & Ors.

Court
Supreme Court of India
Date
27 March 2025
Case No.
Civil Appeal No(s). 4426-4427 of 2025
Result
Allowed
Bench
Vikram Nath, Sanjay Karol, Sandeep Mehta
Citation
[2025] 3 S.C.R. 1503 : 2025 INSC 624
Acts & Sections
Constitution
Supreme Court Reports [2025] 3 S.C.R. 1503 : 2025 INSC 624
Issue for consideration
Whether the High Court erred in setting aside the appointments of the appellants as Assistant Professors as being incompatible with the rules and regulations.
Headnote

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.

Keywords: Appointments as Assistant Professors · Sher-I-Kashmir Institute of Medical Sciences (SKIMS) · Apical Selection Committee · Senior Residents in Physical Medicine & Rehabilitation (PMR) · Diploma courses in PMR · Two-year diploma · ‘Impossibility’ of obtaining the prescribed qualifications · All India Institute of Medical Sciences, New Delhi (AIIMS) · Requirement of a diploma relaxed · Public interest litigation · PIL in service matters · Reinstatement · Continuity in service · Impossibility in law

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.

Full Judgment Text

Order Leave Granted. 2. These appeals question the correctness of a judgment and order dated 11th July 2014 passed in OWP (PIL) No.861 of 2010 and the order dated 30th March 2018 in RPIL No.43 of 2014 as well as the order dated 30th March, 2018 in RPPIL No.43/2014, by the High Court of Jammu and Kashmir at Srinagar, whereby appointments as Assistant Professors, granted to the appellants herein, namely, Dr. Sheikh Javeed Ahmad & Dr. Abdul Hamid Rather, were set aside as being incompatible with the rules and regulations, and the reviews sought thereagainst being dismissed as well. At the outse
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