Dr nishu priya vs HEALTH AND MEDICAL EDUCATION DEPARTMENT on 4 November 2026

1. In this Original Application (in short O.A.) filed by the applicant, she has challenged Government Order No. 742-JK (HME) of 2026 dated 06.10.2026 (in short impugned order), whereby claim of the applicant was considered in compliance to the directions dated 31.12.2024 in O.A. No. 1470 of 2024 read with directions in O.A. No. 1249 of 2026, which was found devoid of merit and was rejected.

2. The applicant is also aggrieved of Government Order No. 264-HME of 2019 dated 01.03.2019 (in short impugned order), whereby private Respondent has been placed above the applicant, besides the seniority list dated 08.05.2024, without deciding the issue of placement of the applicant above private respondent, in the said list.

3. The applicant has also sought a direction to quash the communication dated 19.05.2026, whereby respondent No. 1 has requested J&K PSC to hold DPC on the basis of 2019 seniority, for promotion/regularization of private respondent, till the seniority of the applicant is refixed on the basis of actual merit.

4. Mr. M K Bhardwaj, learned Sr. Counsel appearing on behalf of the applicant has urged that in pursuance of Advertisement Notice dated 16.01.2019, applicant and the private respondent, who were working as senior consultants in the Department of Health, Jammu/Kashmir, were absorbed by way of lateral entry, as one time exemption and were appointed as Associate Professors in Government Medical College, Kathua, as per order dated 1.3.2019 (impugned order) as faculty members. It is further submitted by the learned Sr. Counsel, that appointment of various Doctors as faculty members on the post of Associate Professors including the applicant in the New Government Medical Colleges including Kathua was subject to certain conditions and amongst them, it was provided in the aforesaid impugned order at serial No.

(ii) that appointment of consultant/senior consultant of health department on the post of Professors/Associate Professors shall be subject to their confirmation by the Departmental Promotion Committee/Public Service Commission.

5. The grievance of the applicant, as projected by the learned Sr. Counsel is that despite communication dated 7.01.2020 of then Chairperson, Selection Committee (Principal and Dean), Government Medical College, Jammu, wherein, it was recommended to the Financial Commissioner, Health and Medical Education Department, to rectify the fixation of seniority position of the applicant ahead of private respondent, no steps have been taken by the respondents, despite number of written and verbal representations of the applicants.

6. It is the further grievance of the applicant that impugned order of one time absorption of applicant and private respondent dated 01.03.2019 by way of lateral entry of appointment of applicant and private respondent is not sustainable under law being in violation of Jammu & Kashmir Medical Education (Gazetted) Service Recruitment Rules, 1979, in support whereof reliance has been placed on the judgement of the Hon’ble Apex Court in the case of J&K Public Service Commission etc Vs. Dr. Narinder Mohan and others 1994 AIR (SC) 1808.

7. On the basis of submissions made above, the learned Sr. Counsel has prayed that impugned order dated 06.10.2026 be stayed with a further direction to respondents not to conduct DPC/PSC for promotion/regularization of private respondent to the post 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. 7 respectively.

10. Mr. Sudesh Magotra, learned A.A.G. while opposing the prayer of interim relief, has submitted that applicant after participation in the selection process for the post of Associate Professor and her appointment to the said post in the year 2019 cannot turn around to question the conditions, after accepting them, after her name figures in the final select list and tentative seniority list dated 25.11.2022 and 01.01.2024, respectively, of faculty members of various disciplines in Government Medical College, Kathua, wherein she figures below the private respondent. It is further submitted by the learned A.A.G. that in terms of Government Order No. 623- JK/HME of 2024 dated 09.09.2024, the respondent No. 1 on the approval of competent authority, omitted ab-initio, as one time exception, the condition (ii) appearing in the impugned Government Order dated 01.03.2019 and Government Order dated 24.10.2019.

11. It is further contended by the learned A.A.G. that in all other new Government Medical Colleges, viz; Anantnag, Baramullah and Rajouri, the Doctors appointed as faculty members in the capacity of Associate Professors have been granted further promotions to the post of Professor but on account of litigation between the applicant and private respondent, the post of Professor in the GMC, Kathua could not be filled up, due to which National Medical Commission (NMC) has also taken a serious note.

12. Mr. K M Bhatti and Mr. Ajaz Chowdhary, learned counsels appearing on behalf of the private respondent have also opposed the prayer of the applicant for interim relief and submitted that the O.A. filed by the applicant is not maintainable to unsettle the existing position after considerable lapse of time.

13. Heard and considered.

14. It appears that issue of seniority between the applicant and private respondent is a subject matter of not only this 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. The impugned order dated 06.10.2026 has been passed in pursuance of direction given in O.A. No. 1470 of 2024. It is the contention of the applicant that her name, as per eligibility, should have figured higher in the seniority list above private respondent, which fact is disputed by the private respondent on the ground that one who participates in a game, cannot later challenge the rules of the game.

15. Indisputedly, the name of the private respondent, figures higher than the applicant, as per seniority list and tentative seniority list dated 25.11.2022 and 01.01.2024 respectively, after their appointment in the year 2019. In view of the claim and counter claim made by the applicant and private respondent, with regard to their seniority, the matter needs determination, after reply is filed by the respondents to the O.A.

16. Accordingly, at this stage, no case for grant of interim relief is made out in favour of the applicant for staying the impugned order dated 06.10.2026.

17. Needless to say that, any further promotion of private respondent to the post of Professor shall abide by the final decision of this Tribunal in this O.A. The respondents shall incorporate such condition in the letters of promotion, if any, issued to private respondent.

18. List on 22.12.2026.

19. The respondents are directed to file a detailed reply in the matter.

Pragya Sahay Saksena Member (A) Sanjeev Gupta Member (J) Arun Kumar ( )