Jammu, Sep 26: In Original Application No. 1534/2025 titled Dinesh Chouhan - Versus – 1. Union Territory of Jammu and Kashmir through its Financial Commissioner, & ors after hearing a Bench of HON’BLE MR. RAJINDER SINGH DOGRA, JUDICIAL MEMBER HON’BLE MR. RAM MOHAN JOHRI, ADMINISTRATIVE MEMBER ordered as under:-
PER MR. RAJINDER SINGH DOGRA, MEMBER (J):
Instant Original Application has been filed by the applicant seeking the following reliefs :-
“8.A. Writ of Mandamus directing and commanding the Non-Applicants, especially the Non-Applicant No 1 i. e Secretary to Government, Health & Medical Education Department, J&K Government, to consider the case of the Applicant for extension on yearly basis upto maximum of Six Years subject to satisfactory work and conduct certificate from the concerned Head of the Department, as Tutor in the Department of Oral Pathology, Indira Gandhi Government Dental College, Jammu, on contractual basis in the Academic Arrangement, in compliance with the Order/Judgment dated August 01, 2025 passed by the Hon'ble Division Bench, Central Administrative Tribunal, Jammu Bench, Jammu, comprising Hon'ble Mr Rajinder Kumar Dogra (Member Judicial) & Mr Ram Mohan Johri (Member Administrative) in Original Application No 452/2024 titled "Dr Jyoti Gupta Vs Union Territory of Jammu & Kashmir & Anr.", and in accordance with the provisions of Rule 4 of the Jammu & Kashmir Medical & Dental Education (Appointment On Academic Arrangement Basis) Rules, 2020 framed Vide SRO 364 of 2020 dated 27.11.2020;
B. Writ of Mandamus directing and commanding the Non-Applicants allow the Applicant to continue and work as Tutor in the Department of Oral Pathology, Indira Gandhi Government Dental College, Jammu, on contractual basis in the Academic Arrangement, in compliance with the provisions of Rule 4 of the Jammu & Kashmir Medical & Dental Education (Appointment On Academic Arrangement Basis) Rules, 2020 framed Vide SRO 364 of 2020 dated 27.11.2020;
C. Any other Writ, Order or Direction which this Hon'ble Court deems fit and proper in the facts and circumstances of the case, may kindly be passed in favour of the Applicant D. The costs of the Original Application be also awarded in favour of the Applicant and against the Non-Applicants.”
2. The applicant has also prayed to direct the respondent authorities to allow the Applicant to continue and work as Tutor in the Department of Oral Pathology, Indira Gandhi Government Dental College, Jammu, on contractual basis in the Academic Arrangement, in compliance with the provisions of Rule 4 of the Jammu & Kashmir Medical & Dental Education 3OA 1534/2025 (Appointment On Academic Arrangement Basis) Rules, 2020 framed Vide SRO 364 of 2020 dated 27.11.2020, till the disposal of the Original Application.
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 initially 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. 4OA 1534/2025
7. In view of the above, respondents are directed respondent authorities to allow the Applicant to continue and work as Tutor in the Department of Oral Pathology, Indira Gandhi Government Dental College, Jammu, on contractual basis in the Academic Arrangement, in compliance with the provisions of Rule 4 of the Jammu & Kashmir Medical & Dental Education (Appointment On Academic Arrangement Basis) Rules, 2020 framed Vide SRO 364 of 2020 dated 27.11.2020, till the next date of hearing.
8. List this case on 04.11.2025
9. In the meanwhile, learned AAG is directed to file the reply.
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