No promotion to be made in GMC’s Biochemistry deptt till, it’s judgment is complied: CAT Jammu
23/10/2025
Jammu, Oct 14: The Central Administrative Tribunal (CAT), Jammu Bench, comprising Member (A) Pragya Sahay Saksena and Member (J) Sanjeev Gupta, has directed that no promotion orders be issued by the Health and Medical Education Department until compliance with its earlier directions dated April 2, 2025, regarding verification of the Ph.D. degree of Dr.Tehseen Hassan, Assistant Professor aspirant.
The Tribunal was hearing O.A. No. 1553/2025 (Dr.Tehseen Hassan v. Health and Medical Education Department), wherein the applicant was represented by Mr. Aseem Kumar Sawhney, Senior Advocate, assisted by Ms. Tehseena Bukhari, Advocate. The respondents were represented by Mr.Sudesh Magotra, learned A.A.G. for Respondent No. 1, and Mr. Dinesh Chauhan, Advocate for private respondent No. 2 (Dr. Pallavi Mahajan).
The applicant alleged that despite the Tribunal's earlier order directing the department to verify the validity of her Ph.D. degree as per UGC Regulations, 2009, the authorities had not complied and had instead initiated the promotion process for junior officers.
Mr.Sawhney submitted that the Tribunal's April 2, 2025 order, upheld recently by the Hon'ble High Court of J&K and Ladakh on October 9, 2025, clearly mandated the department to verify the degree and, if found valid, grant her due seniority and promotion.
Citing Para 11 of the High Court's order, the Tribunal noted that the High Court had categorically held that the department must determine the validity and legitimacy of the Ph.D. degree, including compliance with service conditions and leave rules, and examine whether the applicant had pursued the Ph.D. "to the detriment of her service."
After hearing the parties, the Tribunal observed that a prima facie case for indulgence was made out and issued an interim direction restraining the department from issuing any promotion or appointment orders until its earlier decision dated 02.04.2025 is fully implemented. The matter has been listed for the next hearing on December 1, 2025, with directions to the respondents to file their reply in the meantime.
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