Jammu, April 22: In O.A./452/2024 (JAMMU) titled DR JYOTI GUPTA Vs HEALTH AND MEDICAL EDUCATION DEPARTMENT after hearing CAT Jammu ordered as under:-
1. The instant petition has been filed by learned counsel for the applicant with the prayer that the applicant may be allowed to work as Registrar in the discipline of Periodontology available in Indira Gandhi Government Dental College, Jammu on contractual basis in the Academic Arrangement, in compliance with the provisions of Rule 4 of the Jammu and Kashmir Medical & Dental Education (Appointment on Academic Arrangment Basis) Rules, 2020 framed vide SRO 364 of 2020 dated 27.11.2020, till the disposal of the Original Application.
2. Learned counsel for the applicant submitted that vide Advertisement Notification No. 02 of 2021 dated 17.02.2021, online application from the domicile of Union Territory of J&K were invited for the tenure one post of Registrar in the discipline of Periodontology available in Indira Gandhi Govt. Dental College, Jammu for a period of one year. The applicant applied for the post and got selected on 24.04.2021 for one academic year.
Thereafter, her tenure was extended from time to time for three years.
3. Learned counsel for the applicant further submitted that vide SRO 364 dated 27.11.2020 (at Annexure A-3, the appointing authority may appoint persons to the posts mentioned under Rule 3 on academic arrangement basis intially for a period of one year extendable up to maximum of six years (one year at a time and subject to good performance and conduct) or till selection/promotion is made in accordance with the rules of recruitment governing the respective posts, whichever is earlier.
The extension so granted under these rules shall not be beyond a period of six years under any circumstances. In the present case, the applicant has completed only three years, which can be extended up to six years.
4. Issue notice to the respondents. Mr. Sudesh Magotra, learned AAG appears and accepts notice on behalf of the respondents.
5. Mr. Sudesh Magotra, learned AAG vehemently opposed the prayer of learned counsel for the applicant. 6. Heard learned counsel for the parties.
7. In view of the above, respondents are directed to allow the applicant to continue and work as Registrar in the discipline of Periodontology available in Indira Gandhi Govt. Dental College, Jammu on contractual basis in the Academic Arrangement, in compliance with the provisions Rule 4 of the J&K Medical & Dental Education (Appointment on Academic Arrangement Basis) Rules, 2020 framed vide SRO 364 of 2020 dated 27.11.2020, till next date of hearing.
8. List this case on 18.06.2024 .
9. In the meanwhile, learned AAG is directed to file the reply.
|