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New Delhi, May 8, 2025: In a significant judgment, the Supreme Court of India has granted relief to two doctors by reinstating them as Assistant Professors at the Sher-I-Kashmir Institute of Medical Sciences (SKIMS), Srinagar. The decision overturns a previous order by the Jammu and Kashmir High Court that had set aside their appointments on grounds of non-compliance with eligibility rules.
Background of the Case
The controversy dates back to 2004 when SKIMS advertised for faculty positions, including Assistant Professors. The two doctors applied but were initially deemed ineligible. Subsequently, they were appointed as Senior Residents in Physical Medicine & Rehabilitation and sponsored by SKIMS for a two-year diploma in their specialty. Due to unforeseen difficulties, the diploma course could not be completed, and the doctors instead undertook short-term training at AIIMS Delhi.
In 2010, SKIMS issued a fresh notification appointing them as Assistant Professors based on their training and the unavailability of the diploma course. However, a Public Interest Litigation challenged these appointments, and the High Court annulled them, stating that the doctors did not fulfill the required qualifications.
Supreme Court’s Findings and Order
The Supreme Court bench, comprising Justices Vikram Nath, Sanjay Karol, and Sandeep Mehta, found the High Court’s conclusion to be factually incorrect. The apex court noted that SKIMS, as the sponsoring institution, failed to secure admission for the doctors in the diploma course. The Court emphasized the nature of the bond executed when an employer sponsors an employee’s education – the employee must serve the institution for a specified period post-education, or else repay the sponsorship amount.
The Court observed:
“The two candidates were to be sponsored for a two-year diploma and subsequently serve SKIMS for seven years as per the bond. Since SKIMS could not arrange their admission, the doctors cannot be held responsible for non-completion.”
The Supreme Court also criticized the High Court for disregarding expert recommendations from Dr. U. Singh and for failing to verify documents indicating that the diploma courses had been discontinued by various colleges.
Directions and Relief
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The Supreme Court reinstated the doctors as Assistant Professors with continuity in service.
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The posts blocked for these doctors, which had remained vacant for over two years, are to be revived by the Department of Finance, Government of Jammu & Kashmir and Ladakh.
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The doctors will receive all benefits except back wages for the period between removal and reinstatement.
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The Court clarified that this judgment should not be treated as a precedent.
Significance
This ruling underscores the importance of institutional responsibility in sponsoring employee education and ensures that employees are not penalized for administrative lapses beyond their control. It also highlights the Supreme Court’s role in safeguarding the rights of medical professionals and maintaining fairness in academic appointments.
Disclaimer
This article is based on publicly available information from the Supreme Court judgment and related news reports. It is intended for informational purposes only and does not constitute legal advice. Readers seeking detailed legal interpretation or advice should consult a qualified legal professional.
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