Jammu, Nov 6: In O.A./1496/2026 (JAMMU) Along WithM.A./1546/2026EXECUTIONO.A./1249/2026 titled DR NISHU PRIYAVsHEALTH AND MEDICAL EDUCATION DEPARTMENT after hearing CAT ordered as under:-
1. In this Original Application (in short O.A.) filed bythe applicant, she has challenged Government OrderNo. 742-JK (HME) of 2026 dated 06.10.2026 (inshort impugned order), whereby claim of the applicantwas considered in compliance to the directions dated31.12.2024 in O.A. No. 1470 of 2024 read withdirections in O.A. No. 1249 of 2026, which was founddevoid of merit and was rejected.
2. The applicant is also aggrieved of Government OrderNo. 264-HME of 2019 dated 01.03.2019 (in shortimpugned order), whereby private Respondent hasbeen placed above the applicant, besides the senioritylist dated 08.05.2024, without deciding the issue ofplacement of the applicant above private respondent,in the said list.
3. The applicant has also sought a direction to quash thecommunication dated 19.05.2026, wherebyrespondent No. 1 has requested J&K PSC to holdDPC on the basis of 2019 seniority, forpromotion/regularization of private respondent, till theseniority of the applicant is refixed on the basis ofactual merit.
4. Mr. M K Bhardwaj, learned Sr. Counsel appearing onbehalf of the applicant has urged that in pursuance ofAdvertisement Notice dated 16.01.2019, applicant andthe private respondent, who were working as seniorconsultants in the Department of Health,Jammu/Kashmir, were absorbed by way of lateralentry, as one time exemption and were appointed asAssociate Professors in Government Medical College,Kathua, as per order dated 1.3.2019 (impugned order)as faculty members.
It is further submitted by thelearned Sr. Counsel, that appointment of variousDoctors as faculty members on the post of AssociateProfessors including the applicant in the NewGovernment Medical Colleges including Kathua wassubject to certain conditions and amongst them, it wasprovided in the aforesaid impugned order at serial No.(ii) that appointment of consultant/senior consultant ofhealth department on the post of Professors/AssociateProfessors shall be subject to their confirmation by theDepartmental Promotion Committee/Public ServiceCommission.
5. The grievance of the applicant, as projected by thelearned Sr. Counsel is that despite communicationdated 7.01.2020 of then Chairperson, SelectionCommittee (Principal and Dean), GovernmentMedical College, Jammu, wherein, it wasrecommended to the Financial Commissioner, Healthand Medical Education Department, to rectify thefixation of seniority position of the applicant ahead ofprivate respondent, no steps have been taken by therespondents, despite number of written and verbalrepresentations of the applicants.
6. It is the further grievance of the applicant thatimpugned order of one time absorption of applicantand private respondent dated 01.03.2019 by way oflateral entry of appointment of applicant and privaterespondent is not sustainable under law being inviolation of Jammu & Kashmir Medical Education(Gazetted) Service Recruitment Rules, 1979, insupport whereof reliance has been placed on thejudgement of the Hon’ble Apex Court in the case ofJ&K Public Service Commission etc Vs. Dr. NarinderMohan and others 1994 AIR (SC) 1808.
7. On the basis of submissions made above, the learnedSr. Counsel has prayed that impugned order dated06.10.2026 be stayed with a further direction torespondents not to conduct DPC/PSC forpromotion/regularization of private respondent to thepost of Professor.
8. Admit.
9. Issue notice to the respondents.
Mr. Sudesh Magotra,learned A.A.G. appears on behalf of Respondents No.1 to 5, Mr. F A natnoo for Respondent No. 6 and Mr.Ajaz Chowdhary for private Respondent No. 7respectively.
10. Mr. Sudesh Magotra, learned A.A.G. while opposingthe prayer of interim relief, has submitted thatapplicant after participation in the selection processfor the post of Associate Professor and herappointment to the said post in the year 2019 cannotturn around to question the conditions, after acceptingthem, after her name figures in the final select list andtentative seniority list dated 25.11.2022 and01.01.2024, respectively, of faculty members ofvarious disciplines in Government Medical College,Kathua, wherein she figures below the privaterespondent.
It is further submitted by the learnedA.A.G. that in terms of Government Order No. 623-JK/HME of 2024 dated 09.09.2024, the respondentNo. 1 on the approval of competent authority, omittedab-initio, as one time exception, the condition (ii)appearing in the impugned Government Order dated01.03.2019 and Government Order dated 24.10.2019.
11. It is further contended by the learned A.A.G. that inall other new Government Medical Colleges, viz;Anantnag, Baramullah and Rajouri, the Doctorsappointed as faculty members in the capacity ofAssociate Professors have been granted furtherpromotions to the post of Professor but on account oflitigation between the applicant and privaterespondent, the post of Professor in the GMC, Kathuacould not be filled up, due to which National MedicalCommission (NMC) has also taken a serious note.
12. Mr. K M Bhatti and Mr. Ajaz Chowdhary, learnedcounsels appearing on behalf of the private respondenthave also opposed the prayer of the applicant forinterim relief and submitted that the O.A. filed by theapplicant is not maintainable to unsettle the existingposition after considerable lapse of time.
13. Heard and considered.
14. It appears that issue of seniority between the applicantand private respondent is a subject matter of not onlythis O.A. but also in O.A. No. 1470 of 2024 and O.A.No. 339 of 2025 and O.A. No. 1249 of 2026.
Theimpugned order dated 06.10.2026 has been passed inpursuance of direction given in O.A. No. 1470 of2024. It is the contention of the applicant that hername, as per eligibility, should have figured higher inthe seniority list above private respondent, which factis disputed by the private respondent on the groundthat one who participates in a game, cannot laterchallenge the rules of the game.
15. Indisputedly, the name of the private respondent,figures higher than the applicant, as per seniority listand tentative seniority list dated 25.11.2022 and01.01.2024 respectively, after their appointment in theyear 2019.
In view of the claim and counter claimmade by the applicant and private respondent, withregard to their seniority, the matter needsdetermination, after reply is filed by the respondentsto the O.A.
16. Accordingly, at this stage, no case for grant ofinterim relief is made out in favour of the applicantfor staying the impugned order dated 06.10.2026.
17. Needless to say that, any further promotion of privaterespondent to the post of Professor shall abide by thefinal decision of this Tribunal in this O.A.
Therespondents shall incorporate such condition in theletters of promotion, if any, issued to privaterespondent.
18. List on 22.12.2026.
19. The respondents are directed to file a detailed reply inthe matter.
Pragya Sahay SaksenaMember (A)Sanjeev GuptaMember (J)
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