ORDER

Per Hon’ble Mr. R S Dogra, Judicial Member

1. The facts of the case in a nutshell are that applicants were engaged with the respondent’s department on academic arrangement basis for a particular academic session for a fixed tenure which usually starts from April and ends in the month of March every year. The term of engagement is extendable for the next academic session where the applicants are required to apply afresh for a new session. The term of engagement on academic arrangement basis has been extended either by the respondents themselves or they are continuing on the Court’s order. After the J&K Civil Service (Special Provisions) Act, 2010 (hereinafter mentioned as the Act) was passed by the State legislature, the applicants represented before the respondents/competent authority for their regularization in service. However, the respondents did not accept the claim of the applicants for their regularization on the ground that (1) they have been appointed on tenure basis for a particular academic session and not against a clear vacancy and (2) they have been specifically excluded/denied this benefit by Section 3 (b) of the Act.

2. Section 3 (b) of the Act provides that the