DR ALTAF HUSSAIN CHALKOO vs HEALTH AND MEDICAL EDUCATION DEPARTMENT

O.A. No. 516 of 2025
[1]
CENTRAL ADMINISTRATIVE TRIBUNAL
SRINAGAR BENCH, SRINAGAR
O.A. NO.: 516 OF 2025
st
(Srinagar, 31 day of August 2026)

C O R A M
HON’BLE MR. M.S. LATIF, MEMBER (JUDL.)
HON’BLE MR. PRASANT KUMAR, MEMBER (ADMN.)
............
1. Dr. Altaf Hussain Chalkoo, aged about 59 years, S/o Abdul
Rashid Chalkoo, R/o Noor Bagh, Baramulla Presently posted as
Head, Department of Oral Medicine & Radiology, Government
Dental College, Srinagar. Pin Code: 192301
............ Applicant(s).

By Advocate : - Mr. Suhaib F. Bandey.

Versus


1. Union Territory of Jammu and Kashmir through Secretary to
Government, Health and Medical Education Department,
J&K Civil Secretariat, Srinagar Pin Code: 190001
2. Principal Government Dental College, and Hospital Srinagar
Pin Code: 190010
3. Dr. Sandeep Kaur Bali, A/P Incharge Principal Government
Dental College, Srinagar, Pin Code: 190010
........... Respondents.

By Advocate : - Mr. Syed Musaib, DAG for respondent no. 1 and 2
and Mr. Jahangir Ganai, Sr. Counsel along with Mr. Suhel Mehraj
for respondent no. 3.


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O.A. No. 516 of 2025
[2]
ORDER
(Oral)

Per Hon’ble Mr. M.S. Latif, Member (Judl.)
Through the medium of the instant O.A., the applicant seeks
the following reliefs:
a. The impugned Government Order No.349-JK (HME) of
2025 dated 08.05.2025 issued by the Respondent No.1
promoting/ assigned the charge of the Post of Principal
Government Dental College, Srinagar to Respondent No.3
may be quashed as being violative of the rules governing
the field in particular Government Instructions appended
to Article 85 of the J&K Civil Service Regulations.
b. Direct the Respondents in particular Respondent No.1 to
proceed in the matter of regular appointment against the
Post of Principal Government Dental College Srinagar in
accord with prescribed procedures, norms by ensuring
fairness, transparency, and efficiency in public
administration and prioritize and expedite the process for
making a regular appointment to the crucial post of
Principal, Government Dental College, Srinagar, instead of
resorting to an adhoc arrangement that is prone to
arbitrariness and breeds discontent among eligible officers
and accordingly after considering the merit and suitability
of all the competing, eligible Professors, to appoint the
deserving candidate fit for the said Post of Principal.
c. Direct the Respondents in particular Respondents No.1 to
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Bench, OU=Department of Personnel And Training, ST=Jammu And Kashmir,
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consider all eligible candidates including the Applicant for

O.A. No. 516 of 2025
[3]
regular/substantive promotion to the post of Principal
Government Dental College, Srinagar, by selection as per
Rules in vogue, as if the impugned Government Order
No.349-JK (HME) of 2025 dated 08.05.2025, has not come
into being at all.
d. Any other order or direction may also be issued in favour
of the applicant and against the respondents which this
Hon'ble Tribunal may deem fit and warranted in the facts
and circumstances of this case.

2. What emerges from the pleadings made is that the applicant
is a Professor in the Dental College Srinagar holding the post of
Head, Department of Oral Medicine and Radiology, Government
Dental College, Srinagar, who was aggrieved of the order
impugned whereby the private respondent no. 3 has been made
Incharge Principal, Government Dental College, Srinagar. The
applicant challenged the aforesaid impugned order on the grounds
that he has a preferential right to the post of Principal,
Government Dental College, Srinagar. The star ground as urged is
that even if the post was to be filled up on a look-after basis, the
same has to be in accordance with the procedure and by assessing
the suitability of other candidates, who were called to submit their
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APRs.

O.A. No. 516 of 2025
[4]

3. Objections have been filed by the official respondents
wherein it has been averred that the respondent no. 3, Dr.
Sandeep Kour Bali, Head of the Department of Prosthodontics in
the Government Dental College, Srinagar, has been ordered to look
after the charge of Principal of the said college, in addition to her
own duties, till the post is filled on a regular basis.
4. The matter came up for consideration on 21.05.2025 and on
that date, the aforesaid order by virtue of which the look-after
charge was assigned to private respondent no. 3 in terms of order
dated 08.05.2025, was ordered to remain subject to the outcome
of the O.A.

5. It is also averred in the objections that the method of
recruitment for filling up the post of Principal, Dental College
Srinagar, has been prescribed in the J&K Dental Education (Dental
College) Gazetted Service Recruitment Rules, 1993. It is averred
further that the post of Professor is the feeding post for the post of
Principal, Government Dental College. Professors having a
cumulative service of ten years as Associate Professor and
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Professor and with five years of exclusive service as Professor are

O.A. No. 516 of 2025
[5]
eligible for consideration for appointment to the post of Principal,
and as a matter of procedure, the post of Principal in Government
Dental College is filled-up by placing the matter before the
Establishment-cum-Selection Committee for making selection of
suitable candidate for the post from amongst senior most
Professors.
6. It is also added in the objections that the arrangement and
look-after charge of respondent no. 3 was only till the post is filled
up on a regular basis in accordance with law and it was also
averred in the objections that in due course of time, the matter will
be placed before the Establishment-cum-Selection Committee for
making selection of suitable candidate for the post of Principal,
Government Dental College, Srinagar from amongst senior most
Professors, on substantive basis.
7. Today, the matter came up for consideration. Learned
counsels for the parties submit that, even otherwise, the earlier
arrangement, which is the subject matter of the O.A., was a look-
after charge and was to continue till the post is filled up on a
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Bench, OU=Department of Personnel And Training, ST=Jammu And Kashmir,
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regular basis.

O.A. No. 516 of 2025
[6]

8. Heard learned counsel for the parties.

9. The instant O.A. is accordingly disposed of by providing that
the respondent/competent authority shall endeavour to fill up the
post in accordance with law on a regular substantive basis
expeditiously, in terms of the applicable rules, in order to end the
culture of ad-hocism while manning senior posts, in tune with the
mandate of the Hon’ble Apex Court, and till then the present
position of respondent no. 3 shall not be disturbed. It is made clear
that the outer limit for filling up such post shall be six weeks. In
case, for any reason, the process cannot be completed within the
period of six weeks, the competent authority can approach this
Court for seeking an extension of the time in appropriate
circumstances.
10. Accordingly, O.A. No. 516/2025 is disposed of along with all
connected M.A.s, if any.

(Prasant Kumar)
Member (Admn.)
(M.S. Latif)
Member (Judl.)

Abhishek Punia
Court Master
31.08.2026
Digitally signed by ABHISHEK PUNIA
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Bench, OU=Department of Personnel And Training, ST=Jammu And Kashmir,
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