Delhi HC Leaves ESIC Doctor’s Provisional Move To Professor Post Intact, Asks Tribunal For Swift Ruling on Dispute

The Central Administrative Tribunal (CAT), while considering Dr Malik’s application for interim relief, directed ESIC to provisionally accept his technical resignation as Associate Professor and relieve him, and directed AIIMS-CAPFIMS to permit him to join as Professor, subject to its rules.

ESIC challenged that order before the Delhi High Court, contending that the CAT had effectively granted final relief at the interim stage and that serious disciplinary proceedings were pending against Dr Malik.

The CAT’s order had listed the original application for hearing on 26 November 2026.

The High Court cited no statute or precedent. It applied the principle that an interlocutory order which is provisional in nature and discretionary will not ordinarily warrant interference in writ proceedings.

The Court also clarified that the provisional character of the CAT’s direction extended to Dr Malik’s joining the Professor post.

The High Court treated the CAT’s directions as provisional, rather than as a final determination of Dr Malik’s entitlement to resign or join the new post.

It clarified that the provisionality applied both to ESIC’s acceptance of the technical resignation and to the joining at AIIMS-CAPFIMS.

Given that the impugned order was interlocutory and discretionary, the Court declined to interfere.

Because the matter concerned appointment to a Professor post, the Court considered that it should not be delayed and sought an expedited decision by the CAT.

The CAT was requested to hear and decide the original application expeditiously on 26 November 2026, with neither party entitled to seek an adjournment that day.

ESIC was directed to file its reply within ten days, and Dr Malik could file a rejoinder in time for it to be on record by 24 November 2026.