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2026 Supreme(J&K) 111

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
SANJEEV KUMAR, SANJAY PARIHAR, JJ.
UT of Jammu & Kashmir Through Commissioner Of Secretary To The Government, Health & Medical Education Department - Petitioner
Versus
Dr. Jyoti Gupta, D/o Sh. Subash Gupta - Respondent
WP(C) No.3242 of 2025 c/w WP(C) No.3230 of 2025, WP(C) No.3666 of 2025, WP(C) No.3673 of 2025, WP(C) No.279 of 2026
Decided On : 12-03-2026

Advocates Appeared:
For the Petitioner:Mr. Raman Sharma, Sr. Advocate (Aag) with Ms. Saliqa Sheikh, Advocate, Mr. Jattan Singh Gill, Advocate
For the Respondent:Mr. D.S.Chouhan, Advocate with Ms. Damini Chouhan, Advocate

JUDGMENT : 

Sanjeev Kumar, J.

1. A common judgment dated 1st August, 2025 passed by the Central Administrative Tribunal, Jammu Bench, Jammu [“the Tribunal”] in OA No.452/2024 titled Dr. Jyoti Gupta v. Union Territory of J&K and another, OA No.473/2025 titled Dr. Dheeraj Sharma v. Union Territory of J&K and another, OA No.497/2025 titled Dr. Atoofa Zargar v. Union Territory of J&K and another, OA No.403/2025 titled Dr. Etti Shree v. UT of J&K and another and OA No.615/2025 titled Dr. Etti Shree v. Union Territory of J& K and another, is subject matter of challenge in these five writ petitions filed by the Union Territory of J&K and another, under Article 226 of the Constitution of India.

2. Before we advert to the common questions of law involved for determination in these petitions, it would be apposite to narrate individual facts of each case.

WP(C) No.3242/2025

3. The respondent-Dr. Jyoti Gupta was appointed as Registrar in the discipline of Periodontology at Indira Gandhi Government Dental College, Jammu [“IGGDCJ”] vide order dated 24.04.2021 issued by the Principal, IGGDCJ, initially for a period of one year further extendable upto a maximum of three years subject to satisfactory work and conduct certificate from the concerned Head of the Department. On completion of three years' tenure, the respondent was relieved vide order dated 22.04.2024. Feeling aggrieved by denial of further extension, the respondent approached the Tribunal by way of OA No.452/2024, which has been decided in her favour by the Tribunal, in terms of the judgment impugned. The Tribunal has found the fresh advertisement notification dated 07.04.2025 issued by respondent No.2, contrary to the provisions of Jammu & Kashmir Medical and Dental Education (Appointment on Academic Arrangement basis) Rules, 2020 [“the Academic Arrangement Rules of 2020”] and has, accordingly, quashed the same. The Tribunal has also issued directions to the petitioners herein to allow the respondent to continue as Registrar in terms of Rule 4 of the Academic Arrangement Rules of 2020 for a maximum period of six years or until regular selection/promotion is made, whichever is earlier.

WP(C) Nos.3230/2025 & 3666/2025

4. The respondent in this petition was appointed as Tutor in the discipline of Oral Pathology for a period of one year in the first instance further extendable on year-to-year basis up to maximum of three years in terms of order dated 01.06.2022 issued by the petitioner No.2. The respondent was allowed to continue for three years and before she could be relieved on 01.06.2025, on completion of her tenure, she approached the Tribunal by way of OA No.403/2025. During the pendency of OA No.403/2025, respondent No.2 issued fresh advertisement notice dated 07.04.2025, for making fresh tenure appointment of Tutor, which came to be challenged by the respondent by way of OA No.615/2025 and a direction was also sought to the petitioners herein to allow her to continue up to a maximum of six years or until regular selection/promotion is made, whichever is earlier, as provided under Rule 4 of the Academic Arrangement Rules of 2020.

WP(C) No.3673/2025

5. The respondent, Dr. Atoofa Zargar came to be appointed as Registrar in the Department of Dentistry of Government Medical College, Doda vide order dated 06.05.2022 issued by the Principal Government Medical College, Doda, the petitioner No.2, initially for a period of one year further extendable up to maximum three years subject to satisfactory work and conduct certificate from the concerned HOD. When she was not granted extension beyond the period of three years, respondent filed OA No.497/2025, which has been disposed of by the Tribunal, in terms of the common judgment, impugned in these petitions. The Tribunal has directed the petitioners herein to allow the respondent to work as Registrar in the discipline of Dentistry in Government Medical College, Doda, on contractual basis, in compliance with Rule 4 of the Academic Arrangement Rules

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