VidhiSangh

Supreme Court of India · 27/03/2025

SHEIKH JAVEED AHMAD & ANR. versus STATE OF J&K & ORS.

[2025] 3 S.C.R. 1503 · 2025 INSC 624

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Summary

The High Court, in a PIL, had set aside the appointments of two doctors as Assistant Professors in Physical Medicine and Rehabilitation at SKIMS, Srinagar, because they lacked the two-year diploma on which their appointment had been conditioned. The Supreme Court held that the High Court proceeded on a mistaken view of fact: SKIMS itself, as sponsor, had undertaken to arrange the diploma and could not do so because the course was discontinued, the appellants completed the AIIMS short-term training recommended by the AIIMS head of department, and the competent authority relaxed the condition. The appointments were restored with reinstatement and continuity of service but without back wages.

Issues

  1. Whether the High Court was right in setting aside the appellants' appointments as Assistant Professors on the ground that they had not obtained the prescribed diploma and that there was no impossibility in acquiring it.
  2. Whether the High Court was justified in disregarding the recommendation of the Head of Department of PMR at AIIMS, New Delhi that short-term training sufficed for the appellants to work as faculty.
  3. What relief follows where the posts blocked for the appellants were treated as deemed abolished during the pendency of the proceedings.

Provisions considered

Held

Result

Appeals allowed; High Court judgment dated 11.07.2014 in the PIL and the review orders dated 30.03.2018 set aside. Appellants to be reinstated forthwith as Assistant Professors with continuity of service and all benefits except back wages; the two blocked posts directed to be revived. Not to be treated as a precedent. Parties to bear their own costs; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2025] 3 S.C.R. 1503.