The main legal point established in the judgment is the application of the doctrine of promissory estoppel in the context of service regularization and the violation of fundamental rights. The court emphasized the binding nature of promises made by the government or its institutions and the need to adhere to principles of natural justice.

JUDGMENT :

1. This judgment will dispose of two petitions filed by the Petitioner herein, wherein the petitioner seeks protection and enforcement his legal and fundamental rights by exercise of extra-ordinary writ jurisdiction conferred under Article 226 of the Constitution to undo the wrong committed by the Respondent in regularizing his service from a later date and not from the date of his initial appointment otherwise warranted under law and in the facts of the present case. The Petitioner seeks the reliefs claimed in the two petitions primarily on the ground of violation of the promise extended by the Respondent-Institute itself.

2. Before adverting to the grounds of challenge urged in the petition and the stand taken by the Respondents in their reply, facts emerging from the pleadings need a reference in brief hereunder:-

• Petitioner, after completing his MBBS degree in July, 1984 from University of Kashmir was appointed as Assistant Surgeon in the Directorate of Health Services, Kashmir, Srinagar after participating in the selection process undertaken by the Public Service Commission. The actual date of appointment, however, is not borne out from the records, nonetheless, the same is insignificant having regard to the issued in the petitions at hand.

• Petitioner passed his post-graduation (MD) in General Medicine from the Sher-e-Kashmir Institute of Medical Sciences, Soura (for short the ‘Institute’) in November, 1984. The Petitioner was thereafter appointed as Senior Resident in the Institute vide Government Order No. 09-IMS of 1990 dated 03.05.1990. The said appointment was for a period of two years, however, vide Government Order No. 12-IMS of 1992 dated 04.09.1992, the Petitioner was appointed for a further period of two years.

• In the year 1993, the Institute, facing dearth of staff on account of incumbents having migrated from Kashmir during turmoil or absented themselves, initiated a selection process for filing up the temporary vacancies of various faculty posts for a period of one year or till such time the migrants/absentees return whichever was earlier. The Petitioner, along with other candidates applied, and upon being selected by the Apical Selection Committee, was appointed as Lecturer in General Medicine by the Institute vide Government Order No. 15-IMS of 1993 dated 16.08.1993. The order dated 16.08.1993 was a general order providing for appointment of as many as eight (08) doctors in various disciplines, wherein the Petitioner figured at serial no. three (03).

• The order dated 16.08.1993 contained various conditions some of which are reproduced as under:

“Services rendered by all the above appointees on the respective post shall be counted for eligibility for higher post subject to the condition that their performance during temporary appointment shall be judged in terms of their publications in Standard Medical Journal/teaching and patient….”

“The appointees selected in the Departments of General Surgery and General Medicine will have their teaching experience in their respective disciplines and shall also have their seniority maintained as such……”

• Prior to the issuance of the order dated 13.10.1994, a standing decision was taken by the Apical Selection Committee of the Institute in its meeting held in July, 1994 wherein it was decided as under:

“A faculty member appointed against temporary leave vacancy in a department shall be regularized on the basis of seniority and/or merit, if so defined by the Apical Selection Committee in their cases as soon as regular vacancy of the post such a faculty member is holding, becomes available in that department.”

• Since the appointment of Petitioner was for a period of one year or till such time the migrants/absentees return whichever was earlier, the Petitioner, along with other doctors, was again appointed as Lecturer in General Medicine vide Government Order No. 14-IMS of 1994 dated 13.10.1994, wherein he figured at serial no. nine (09). The order dated 13.10.1994