2026 INSC 220 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. …………… OF 2026 (Arising out of SLP (C) No.5108 of 2023)

ABHISHEK SHARMA …APPELLANT (S)

VERSUS THE STATE OF JAMMU AND KASHMIR & ORS. …RESPONDENT(S)

WITH CIVIL APPEAL NO. …………… OF 2026 (Arising out of SLP (C) No.5093 of 2023)

AND CIVIL APPEAL NO. …………… OF 2026 (Arising out of SLP (C) No.12238 of 2023)

AND CIVIL APPEAL NO. …………… OF 2026 (Arising out of SLP (C) No.2477 of 2025)

J U D G M E N T

VIKRAM NATH, J.

Civil Appeal @ SLP (C) No. 5108 of 2023, Civil Appeal @ SLP (C) No. 5093 of 2023 and Civil Appeal @ SLP (C) No. 12238 of 2023

1. Leave granted.

Signature Not Verified NEETU KHAJURIA Date: 2026.03.10

20:00:44 IST Reason:

2. The present appeals call into question the common judgment dated 22nd February, 2023, passed by the High Court of Jammu & Kashmir and Ladakh at Jammu, Hereinafter, referred to as “High Court”. in a batch of intra-court appeals along with connected writ petitions³, whereby the learned Division Bench dismissed the said intra- court appeals and writ petitions and affirmed the order of the learned Single Judge rejecting the appellants’ claim for regularisation of their services.

FACTS OF PRESENT CASES: -

3. The brief facts, in a nutshell, insofar as they are relevant for the disposal of the present appeals, are stated hereinafter: -

3.1. The respondent-State, vide order dated 14th December, 2009, issued SRO No. 384, Hereinafter, referred to as “impugned SRO”. titled “Jammu and Kashmir Medical and Dental Education (Appointment on Academic Arrangement Basis) Rules, 2009”, Hereinafter, referred to as “2009 Rules”.. The said SRO envisaged the

2 Letter Patent Appeal Nos. 30, 33, 34, 40, 80, 81, 192, 193 of 2018, LPA No. 76 of 2019, LPA No. 10 of 2020, LPA Nos. 80 and 81 of

2022.

3 SWP No. 886 of 2018, Writ Petition (C) Nos. 4286 and 4364 of

2019.

appointment of personnels to posts relating to teaching staff, medical officers, nurses, para-medical, para-dental and technical staff in the Government Medical Colleges on academic arrangement basis.

3.2. In the interregnum, the respondent-State, on 29th April, 2010 enacted Jammu and Kashmir Civil Services (Special Provisions) Act, 2010,, Hereinafter, referred to as “2010 Act”. which provided for the regularisation of employees appointed on an ad hoc, contractual or consolidated basis. It is pertinent to note that appointments made under the impugned SRO were expressly excluded from the categories eligible to seek regularisation of service under the said enactment.

3.3. Pursuant to the 2009 Rules, the present appellants were appointed thereunder to the posts of Junior Staff Nurse/Female Multipurpose Health Worker during the period between 2011 and 2013.

3.4. On 17th August, 2015 respondent No. 2, namely the Government Medical College, addressed a communication to the respondent-State, requesting that the posts occupied by the appellants be referred

to the Service Selection Board for undertaking the regular selection process.

3.5. In this backdrop, the paramedical staff, including the present appellants who had been appointed under the 2009 Rules, submitted a joint representation to respondent No. 2, i.e. the Government Medical College, seeking regularisation of their services and further requesting that their posts not be referred to the Service Selection Board.

3.6. Ultimately, an advertisement dated 1st September, 2015, was issued inviting applications for appointment on a regular basis to 1088 posts, which included the posts occupied by the present appellants.

3.7. Aggrieved thereby, the appellants approached the High Court by filing writ petitions seeking the benefit of regularisation under the 2010 Act. The learned Single Judge, by a common judgment dated 4th May, 2018, dismissed the writ petitions and declined the appellants’ claim for regularisation in terms of the said Act.

3.8. Aggrieved by the said judgment, the appellants preferred intra-court appeals before the High Court assailing the de