Academic Arrangement Rules Can't Extend Registrar/Tutor Tenure Beyond 3 Years In Medical Colleges: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that appointments made under the J&K Medical & Dental Education Academic Arrangement Rules, 2020 cannot be used to extend the tenure of posts such as Registrar, Tutor, or Demonstrator in medical and dental education beyond the maximum period of three years prescribed under the relevant recruitment framework.A Division Bench of Justice Sanjeev Kumar and Justice Sanjay Parihar, while examining the scope of the Academic Arrangement Rules, 2020, observed, “Rule 4 of the Academic Arrangement Rules of 2020 gives it an overriding effect only with respect to the method of recruitment and conditions of service relating to recruitment to any post under the Government.”The Court was hearing a batch of writ petitions filed by the Union Territory of Jammu & Kashmir and the Principal of Indira Gandhi Government Dental College, Jammu challenging the orders passed by the Central Administrative Tribunal whereby Original Applications filed by certain doctors engaged on academic arrangement had been allowed. The Tribunal had granted relief enabling them to continue beyond the tenure fixed for such posts.The dispute arose from appointments made to the posts of Registrar in Government Medical Colleges and Dental Colleges under the Academic Arrangement Rules, 2020. These posts are ordinarily filled through regular recruitment conducted by the Public Service Commission under the applicable recruitment rules governing Gazetted posts in medical and dental education.The respondents in the present matters had been engaged as Registrars under the Academic Arrangement Rules and approached the Central Administrative Tribunal seeking continuation in service beyond the tenure fixed by the Government. The Tribunal allowed their applications and granted relief in their favour. Aggrieved by the said orders, the Union Territory of Jammu & Kashmir and the concerned institutions approached the High Court by way of writ petitions.Court's Observations:The Division Bench examined the scope and object of the Academic Arrangement Rules, 2020, particularly Rule 4, which gives the rules an overriding effect over other rules relating to recruitment and conditions of service. The Court noted that the overriding clause contained in Rule 4 cannot be interpreted in an expansive manner so as to alter the statutory scheme governing recruitment and tenure of posts in medical and dental education.It observed that the purpose of the Academic Arrangement Rules is only to provide a mechanism for temporary engagement in order to meet immediate academic requirements when regular selections through the Public Service Commission are pending or not feasible.The Bench clarified that the overriding effect contemplated under Rule 4 is limited only to the method of recruitment for such temporary academic arrangements. It does not permit alteration of the tenure prescribed for posts under the statutory recruitment rules, the Court underscored. The Court further held that the Academic Arrangement Rules cannot be construed to mean that they extend the duration of posts beyond the tenure fixed by the Government under the statutory recruitment rules applicable to Gazetted services in medical and dental education. It remarked, “… in light of the Recruitment Rules of 1993 read with National Medical Commission Regulations of 2022 and the earlier Regulations framed by the Medical Council of India prescribing eligibility for Teachers etc, we are of the considered opinion that as against the posts of Registrar/Tutor, extension beyond three years, which is the tenure of such post, is impermissible in law”Applying this interpretation, the Court concluded that individuals appointed as Registrar, Tutor or Demonstrator on academic arrangement cannot claim a right to continue beyond the maximum permissible tenure of three years.The Bench also observed that in the case of the respondents engaged as Registrars in Government Medical College, Doda stood on the same footing and no distinction could be drawn in their favour.Consequently, the Court allowed the writ petitions filed by the Union Territory of Jammu & Kashmir, set aside the orders passed by the Central Administrative Tribunal, and dismissed the Original Applications filed by the respondents.Case Title: UT of Jammu & Kashmir & Ors Vs Dr. Jyoti Gupta & Ors (Connected Matters)Citation: 2026 LiveLaw (JKL) 109Click here to read/download Judgment.

Academic Arrangement Rules Can't Extend Registrar/Tutor Tenure Beyond 3 Years In Medical Colleges: J&K&L High Court

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