New Delhi – The Supreme Court of India has reinstated two doctors to their posts as Assistant Professors at Sher-I-Kashmir Institute of Medical Sciences (SKIMS), Srinagar, providing long-awaited relief and delivering a critical clarification on educational bonds between employers and employees.
A bench comprising Justices Vikram Nath, Sanjay Karol, and Sandeep Mehta held that the doctors—whose appointments were earlier set aside by the Jammu & Kashmir High Court—deserve reinstatement with continuity in service, although without back wages.
The Court also clarified the nature of sponsorship bonds: when an employer funds the higher education of an employee, the individual is expected to return and serve the institution for a specified duration. Failure to do so may result in forfeiture of the bond or repayment of the sponsorship amount.
Background of the Case
The case dates back to 2004, when SKIMS advertised faculty positions. The appellants, deemed ineligible at the time, were instead appointed as Senior Residents and sponsored for a two-year diploma in their field. When the diploma failed to materialize, they completed short-term training at AIIMS, Delhi, and were subsequently appointed Assistant Professors in 2010.
However, following a Public Interest Litigation, the High Court quashed their appointments, claiming they had not met the diploma qualification requirement and had not sufficiently attempted to secure the diploma.
Apex Court’s Observations
The Supreme Court overruled the High Court’s findings, pointing out that SKIMS itself had failed to arrange the diploma course. The Court held that:
- The doctors had not acted in bad faith, and their appointments were based on valid institutional decisions.
- SKIMS had blocked the positions for the doctors, acknowledging the failure of the diploma arrangement.
- The recommendation from AIIMS was wrongfully dismissed by the High Court.
The Court added, “The High Court’s conclusion was based on a mistaken position of fact. The appellants were not at fault, and the sponsoring institute failed in its responsibility.”
Final Verdict
The Supreme Court directed:
- Immediate reinstatement of the doctors as Assistant Professors with continuity in service.
- No back wages for the period between removal and reinstatement.
- Revival of the two blocked posts by the Union Territory’s Department of Finance.
While granting relief, the Court cautioned that this judgment should not be treated as a precedent for similar cases.
