LawDistill
Supreme Court of India

ABHISHEK SHARMA vs THE STATE OF JAMMU AND KASHMIR on 9 March, 2026

Cites 2 provisionsCites 0 judgmentsCited by 0
2026 INSC 220ReportableC.A. No.-003332-003332 - 2026Official PDFAuthor Vikram NathBench Vikram Nath, Sandeep MehtaAdvocates ANILENDRA PANDEY
2026 INSC 220REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. …………… OF 2026
(Arising out of SLP (C) No.5108 of 2023)
ABHISHEK SHARMA …APPELLANT (S)
VERSUS
THE STATE OF JAMMU AND
KASHMIR & ORS. …RESPONDENT(S)
WITH
CIVIL APPEAL NO. …………… OF 2026
(Arising out of SLP (C) No.5093 of 2023)
AND
CIVIL APPEAL NO. …………… OF 2026
(Arising out of SLP (C) No.12238 of 2023)
AND
CIVIL APPEAL NO. …………… OF 2026
(Arising out of SLP (C) No.2477 of 2025)
J U D G M E N T

Civil Appeal @ SLP (C) No. 5108 of 2023, Civil Appeal @ SLP (C) No. 5093 of 2023 and Civil Appeal @ SLP (C) No. 12238 of 2023

1.Leave granted. NEETU KHAJURIA

2.The present appeals call into question the common judgment dated 22nd February, 2023, passed by the High Court of Jammu & Kashmir and Ladakh at Jammu1 in a batch of intra-court appeals2 along with connected writ petitions3, whereby the learned Division Bench dismissed the said intracourt appeals and writ petitions and affirmed the order of the learned Single Judge rejecting the appellants’ claim for regularisation of their services. FACTS OF PRESENT CASES: -

3.The brief facts, in a nutshell, insofar as they are relevant for the disposal of the present appeals, are stated hereinafter: -3.1. The respondent-State, vide order dated 14th December, 2009, issued SRO No. 3844 titled “Jammu and Kashmir Medical and Dental Education (Appointment on Academic Arrangement Basis) Rules, 2009”5. The said SRO envisaged the 1 Hereinafter, referred to as “High Court”. 2 Letter Patent Appeal Nos. 30, 33, 34, 40, 80, 81, 192, 193 of 2018, LPA No. 76 of 2019, LPA No. 10 of 2020, LPA Nos. 80 and 81 of 2022. 3 SWP No. 886 of 2018, Writ Petition (C) Nos. 4286 and 4364 of 2019. 4 Hereinafter, referred to as “impugned SRO”. 5 Hereinafter, referred to as “2009 Rules”. appointment of personnels to posts relating to teaching staff, medical officers, nurses, para-medical, para-dental and technical staff in the Government Medical Colleges on academic arrangement basis. 3.2. In the interregnum, the respondent-State, on 29th April, 2010 enacted Jammu and Kashmir Civil Services (Special Provisions) Act, 2010,6 which provided for the regularisation of employees appointed on an ad hoc, contractual or consolidated basis. It is pertinent to note that appointments made under the impugned SRO were expressly excluded from the categories eligible to seek regularisation of service under the said enactment. 3.3. Pursuant to the 2009 Rules, the present appellants were appointed thereunder to the posts of Junior Staff Nurse/Female Multipurpose Health Worker during the period between 2011 and 2013. 3.4. On 17th August, 2015 respondent No. 2, namely the Government Medical College, addressed a communication to the respondent-State, requesting that the posts occupied by the appellants be referred 6 Hereinafter, referred to as “2010 Act”. to the Service Selection Board for undertaking the regular selection process. 3.5. In this backdrop, the paramedical staff, including the present appellants who had been appointed under the 2009 Rules, submitted a joint representation to respondent No. 2, i.e. the Government Medical College, seeking regularisation of their services and further requesting that their posts not be referred to the Service Selection Board. 3.6. Ultimately, an advertisement dated 1st September, 2015, was issued inviting applications for appointment on a regular basis to 1088 posts, which included the posts occupied by the present appellants. 3.7. Aggrieved thereby, the appellants approached the High Court by filing writ petitions seeking the benefit of regularisation under the 2010 Act. The learned Single Judge, by a common judgment dated 4th May, 2018, dismissed the writ petitions and declined the appellants’ claim for regularisation in terms of the said Act. 3.8. Aggrieved by the said judgment, the appellants preferred intra-court appeals before the High Court assailing the decision of the learned Single Judge. The learned Division Bench, by a common judgment dated 22nd February, 2023, dismissed the intra-court appeals along with the connected writ petitions, holding that the appellants were not entitled to regularisation under the 2010 Act.

4.It is in these circumstances that the appellants have approached this Court. ISSUE BEFORE THIS COURT: -

5.The issue that, therefore, arises for our consideration is whether the respondent-State was justified in law in classifying the present appellants, who were engaged on an academic arrangement basis under the impugned SRO No. 384 of 2009, as a distinct class under Section 3 of the Jammu and Kashmir Civil Services (Special Provisions) Act, 2010, and thereby excluding them from the benefit of regularisation contemplated under the said enactment. SUBMISSIONS ON BEHALF OF THE APPELLANTS:

6.Dr. Rajiv Nanda and Mrs. V. Mohana, learned Senior Counsel appearing on behalf of the appellants, vehemently assailed the impugned judgment of the High Court, contending, inter alia, as follows: -6.1. That Section 9(b) of the 2010 Act expressly excludes persons appointed on an “academic arrangement” basis from its purview, thereby creating an arbitrary and unjustified classification between the appellants and other similarly situated employees engaged on an ad hoc, contractual or consolidated basis. It was contended that there exists no intelligible differentia distinguishing the appellants from such categories, nor any rational nexus between the said classification and the object sought to be achieved by the Act. 6.2. That the very object of the 2010 Act was to cure and regularise long-standing irregular appointments and to extend legal protection to employees who had been rendering service for considerable periods against substantive and essential posts. 6.3. That the appellants were appointed during the period 2011-2012 against clear and sanctioned vacancies, pursuant to a duly conducted, transparent selection process undertaken after verification of their eligibility, qualifications and experience in accordance with the applicable recruitment rules. It was further contended that the appellants have continuously discharged perennial and essential functions for a period exceeding a decade. 6.4. That the appellants have been discharging duties identical in nature, responsibility and continuity to those performed by regular employees, and that their functions are indispensable to the efficient functioning of the institutions under the respondent-State. 6.5. That the issuance of a fresh advertisement for the very posts presently occupied by the appellants was arbitrary, unreasonable and violative of Articles 14 and 16 of the Constitution of India7. It was contended that the respondentState, having extracted perennial services from 7 Hereinafter, referred to as “Constitution”. the appellants over several years, could not, without any justifiable basis, seek to displace them through a fresh selection process. On these premises, learned Senior Counsel appearing for the appellants urged that the present appeals merit acceptance and that the impugned judgment of the High Court be set aside. SUBMISSIONS ON BEHALF OF THE RESPONDENT-STATE: -

7.Per contra, Ms. Aishwarya Bhati, learned Additional Solicitor General appearing on behalf of the respondent-State, stoutly opposed the submissions advanced by the appellants and advanced the following submissions: -7.1. That Section 3 of the 2010 Act was applicable only to specified categories of appointees who fulfilled the statutory cut-off conditions, and since the appellants were engaged on an academic arrangement basis, they did not fall within the ambit of the said provision so as to claim regularisation thereunder. 7.2. That the proviso to Rule 4 of the impugned SRO unequivocally stipulates that candidates appointed thereunder shall not have any preferential claim to regular appointment through the normal process of recruitment. 7.3. That the appellants had furnished affidavits undertaking to abide by the terms and conditions of the impugned SRO, and thus, prior to joining service on an academic arrangement basis, they had voluntarily accepted the conditions governing their engagement. Having consciously assented to the said Rules, the appellants, it was contended, are estopped from questioning the consequences flowing therefrom. 7.4. That any regularisation of the appellants’ services would operate to the prejudice of other eligible candidates, who may have refrained from applying on the legitimate expectation that the appointments were purely temporary and would subsist only until the regular recruitment process was undertaken. 7.5. That it is a settled position of law that temporary, contractual or ad hoc engagement does not confer any vested right to regularisation, and that regularisation cannot be claimed in derogation of, or contrary to, the governing statutory rules. On these grounds, the learned Additional Solicitor General appearing for the respondent-State submitted that the present appeals preferred by the appellants are devoid of merit and, accordingly, deserve to be dismissed. ANALYSIS AND DISCUSSION: -

8.We have heard the learned Senior Counsel appearing on behalf of both parties and have carefully perused the material placed on record.

9.While dismissing the intra-court appeals preferred by the present appellants and affirming the order of the learned Single Judge, the learned Division Bench recorded the following findings: -i. That the learned Single Judge rejected the appellants’ claim for regularization under the 2010 Act on the ground that the said statute applied only to appointments made up to 29th April, 2010, being the appointed date under the Act. ii. That the Rules under which the appellants were appointed were framed with the object of ensuring that the functioning of the Medical and Dental Colleges did not suffer on account of delays in the regular recruitment process. iii. That the appellants were fully conscious of the condition that they would not be entitled to any preferential claim for regular appointment through the normal process of selection, and therefore could not subsequently seek regularization. iv. That even assuming, for the sake of argument, that the appellants could be treated as contractual employees, their engagement was for a limited duration and it could not be said that the respondent-State had utilized their services for an unduly prolonged period.

10.At the very threshold, we find ourselves unable

to concur with the reasoning adopted by both the

courts below. The High Court failed to advert to the

correct position of law. Once a specific challenge was

mounted by the present appellants to the vires of the 2010 Act, on the ground that the same infringed the

fundamental rights guaranteed under the

Constitution, it was incumbent upon the High Court

to undertake a substantive examination as to

whether the impugned provisions satisfied the

constitutional threshold. Instead, the provisions were

upheld as they stood, without any meaningful

scrutiny or analysis as to their compatibility with the

constitutional scheme. It is this perfunctory and

truncated approach adopted by the courts below that

has necessitated our examination of the validity of

the challenge raised before us.

10.1. This Court, vide order dated 23rd June, 2023, passed in Civil Appeal arising out of SLP (C)

No. 12238 of 2023, directed that status quo be maintained with respect to the appellants and all

other similarly placed employees. Consequently,

the appellants have continued in the service of the

respondent-State throughout the pendency of the

present lis.

10.2. The appellants were appointed during the

period between 2011 and 2013 under SRO No.

384. The respondent-State enacted the 2010 Act,

which provided for the regularisation of employees

appointed on an ad hoc, contractual or

consolidated basis. The relevant provisions of the

said enactment, insofar as they bear upon the

controversy in question, are extracted

hereinbelow: -

“. . .

3. Application of the Act.

The provisions of this Act shall

apply to such posts under the

Government as are held by any

person having been appointed on

ad hoc or contractual basis

including those appointed on

consolidated pay provided that

such appointments have been made

against the clear vacancies, but

shall not apply to: –

(a) . . .

(b) persons appointed on tenure

posts co-terminus with the life of

the project or Scheme of the State

or Central Government, as the

case may be, and those appointed

on academic arrangement for a

fixed term in any Government

Department ;

. . .

5. Regularization of ad hoc or

contractual or consolidated

appointees. –

Notwithstanding anything to the

contrary contained in any law for the

time being in force or any judgment or

order of any court or tribunal, the ad

hoc or contractual or consolidated

appointees referred to in section 3

shall be regularized on fulfilment of

the following conditions, namely: –

(i) that he has been appointed

against a clear vacancy or post;

(ii) that he continues as such on

the appointed day;

(iii) that he possessed the requisite

qualification and eligibility for the

post on the date of his initial

appointment on ad hoc or

contractual or consolidated basis

as prescribed under the

recruitment rules governing the

service or post;

(iv) that no disciplinary or criminal

proceedings are pending against

him on the appointed day; and

(v) that he has completed seven

years of service as such on the

appointed day:

Provided that the regularization

of the eligible ad hoc or contractual or

consolidated appointees under this

Act shall have effect only from the

date of such regularization,

irrespective of the fact that such

appointees have completed more than

seven years of service on the

appointed day or thereafter but before

such regularization:

Provided further that any ad

hoc or contractual or consolidated

appointee who has not completed

seven years’ service on the

appointed day shall continue as

such till completion of seven years

and shall thereafter be entitled to

regularization under this Act.

. . .”

(emphasis supplied)

Accordingly, Section 3 of the 2010 Act

expressly excludes from its ambit persons

appointed on an academic arrangement for a fixed

tenure in any Government Department. By

operation of Section 3(b) of the said Act, the

respondent-State has sought to justify its policy

decision of treating the present appellants as a

separate category and denying them the benefit of

regularisation under the 2010 Act.

10.3. The said provision was assailed by the

present appellants by filing writ petitions before

the High Court, wherein a specific prayer was

made for issuance of a writ of mandamus declaring Section 3(b) of the 2010 Act, insofar as

it excluded persons appointed on an academic

arrangement for a fixed term in any Government

Department, as ultra vires the Constitution. The reliefs sought by the appellants in the writ

petitions before the High Court were, accordingly,

as follows: -

“a) Certiorari so as to set aside and

quash letter No. AHJ/ 2015/2014

dated 17-08-2015 to the extent it

refers the posts held by the

petitioners to SSRB with a

consequential direction to quash the

resultant advertisement Notice issued

by SSRB bearing No.05 of 2015 dated

0109-2015 issued by respondent

No.6 upto the extent of advertising the

posts of FMPHW/Junior Grade Nurse

(Item No.264 and Item No.267).

b) Certiorari/Mandamus declaring

part of Section 3(b) of Civil Services

Special Provision Act, 2010 to the

extent of providing those appointed

on academic arrangement for a fixed

term in any Government Department

as ultra-vires the constitution and

violative of Article 14 of the

Constitution of India and quashing

the same.

c) Further writ of mandamus directing

and commanding the respondents to

allow the petitioners to continue

within the Proviso 2 of Section 5 of the

Civil Services Special Provision Act,

2010 to complete seven years of their

service and submit their cases to

Empowered Committee for

regularization within the provision of

said Act after completion of seven

years.

d) Writ of prohibition restraining the

respondents 1, 2, 5 and 6 from filling

up the posts held by the petitioners

and particularly restraining

respondent No.5 and 6 from Initiating

any further selection process in

respect of the posts advertised at item

No.264 and Item No-267.

e) Issue writ in the nature of

mandamus declaring the provision of

SRO 384 of 2009 dated 14-12-2009 is

so far as it excludes the petitioners

from seeking regularization as Female

Multipurpose Health Worker, Junior/

Senior Staff Nurse be declared as

unconstitutional and in violation to

the mandate of Article 39 -D of the

Constitution of India.” 10.4. The parameters on which the validity of a

legislative enactment may be assailed have been

consistently reiterated by this Court. A 3-Judge

Bench of this Court, in Anjum Kadari and

another v. Union of India and others,8 has

authoritatively held that a law enacted by

Parliament or a State Legislature can be

invalidated by courts on two grounds alone,

namely: (i) lack of legislative competence; and (ii)

infringement of any of the fundamental rights

8 (2025) 5 SCC 53

guaranteed under Part III of the Constitution or

violation of any other constitutional provision.

10.5. Accordingly, Section 3(b) of the 2010 Act is

required to be tested on the anvil of the principles

laid down by this Court to determine its

constitutional validity. It is not in dispute that the

appellants do not assail the 2010 Act on the

ground of lack of legislative competence of the

respondent-State. Consequently, the sole issue

that survives for consideration is whether the

classification engrafted under Section 3(b) of the

2010 Act offends the fundamental rights

guaranteed under Part III of the Constitution.

10.6. According to the appellants, the impugned

provision expressly excludes persons appointed

under an “academic arrangement”, such as the

present appellants, from its ambit. It is contended

that this exclusion creates an artificial and

arbitrary classification, resulting in an unjustified

distinction between the appellants and other

similarly situated employees engaged on an ad hoc, contractual or consolidated basis.

10.7. The 2010 Act, thus, creates two distinct

classes of appointees, namely: those appointed on

an ad hoc, contractual or consolidated basis, and those engaged on an academic arrangement.

10.8. More recently, a 7-Judge Bench of this

Court, in State of Punjab and others v.

Davinder Singh and others,9 had occasion to

consider the permissibility of sub-classification

within the framework of affirmative action, in the

context of the equality mandate under Article 14

of the Constitution. While delineating the

parameters governing the creation of

classifications without transgressing the principle

of equality before the law, this Court observed as

follows: -

“84. Article 14 employs two

expressions — equality before the law

and equal protection of the laws. Both

different in content and sweep.

“Equality before the law”, an

expression derived from the English

Common law, entails absence of

special privileges for any individual

within the territory. It does not mean

that the same law should apply to

everyone, but that the same law

should apply to those who are

similarly situated. The expression

9 (2025) 1 SCC 1

“equal protection of the laws”

means that among equals, laws

must be equally administered. It

enjoins the State with the power to

reasonably classify those who are

differently placed. The mandate of

“equal protection of laws” casts a

positive obligation on the State to

ensure that everyone may enjoy equal

protection of the laws, and no one is

unfairly denied this protection. In

essence, the guarantee of equality

entails that all persons in like

circumstances must be treated

alike. That there must be a parity

of treatment under parity of

conditions. Equality does not entail

sameness. The State is allowed to

classify in a manner that is not

discriminatory. The doctrine of

classification gives content to the

guarantee of equal protection of the

laws. Under this approach, the focus

is on the equality of results or

opportunities over equality of

treatment.

85. The Constitution permits valid

classification if two conditions are

fulfilled. First, there must be an

intelligible differentia which

distinguishes persons grouped

together from others left out of the

group. The phrase “intelligible

differentia” means difference

capable of being understood. The

difference is capable of being

understood when there is a

yardstick to differentiate the class

included and others excluded from

the group. In the absence of the

yardstick, the differentiation would

be without a basis and hence,

unreasonable. The basis of

classification must be deducible

from the provisions of the statute;

surrounding circumstances or

matters of common knowledge. In

making the classification, the State is

free to recognise degrees of harm.

Though the classification need not

be mathematical in precision, there

must be some difference between

the persons grouped and the

persons left out, and the difference

must be real and pertinent. The

classification is unreasonable if

there is “little or no

difference”. Second, the differentia

must have a rational relation to the

object sought to be achieved by the

law, that is, the basis of

classification must have a nexus

with the object of the

classification.”

(emphasis supplied) Article 14 of the Constitution, therefore, does not

fetter the power of the State to frame

classifications, for equals alone are entitled to

equal treatment. Persons who are not similarly

situated cannot claim parity. However, the said

principle does not confer upon the State an

unfettered licence to carve out artificial

distinctions within a class of persons who are

otherwise similarly situated. Any such artificial or

unreasonable classification would strike at the

very core of the right to equality and violate the

mandate of Article 14 of the Constitution.

10.9. Thus, for a classification to withstand

constitutional scrutiny, two conditions are

required to be satisfied. First, there must exist an intelligible differentia, namely, a rational and discernible basis which distinguishes one group of

persons from another, founded on a real and

relevant criterion. As observed in Davinder Singh

(supra), in the absence of such a yardstick, the differentiation would be bereft of any rational

foundation and would, therefore, be

unreasonable. Second, the differentia so adopted, being the basis of the classification, must bear a

rational nexus with the object sought to be

achieved by the classification.

10.10. In the present case, the 2010 Act extends

the benefit of regularisation to appointees engaged

on an ad hoc, contractual or consolidated basis, whereas those appointed on an academic

arrangement, such as the present appellants, are

placed in a separate category and rendered

ineligible for the benefit of regularisation under

the said enactment.

10.11. Appointments of a contractual nature were

regulated by SRO No. 255 issued by the

respondent-State on 5th August, 2003 titled

“Jammu and Kashmir Contractual Appointment

Rules, 2003”. A comparative examination of the

said 2003 Contractual Rules and the impugned

SRO of 2009 governing appointments on an

academic arrangement basis reveal that a

substantial number of provisions contained

therein are identical or closely similar in nature.

10.12. Rule 4 of both the sets of Rules pertains to

appointments made thereunder. Rule 4(1) of SRO

No. 384 of 2009 (the impugned SRO) and Rule 4(1)

of SRO No. 255 of 2003 (the 2003 Contractual

Rules) are identically worded. For the sake of

clarity, the relevant extract is reproduced

hereinbelow: -

SRO No. 384 of 2009 SRO No. 255 of 2003 (impugned SRO, governing (2003 Contractual Rules) appointment on academic basis)

4. Appointment under these 4. Appointment under rules. – these rules. –

(1) Notwithstanding anything (1) Notwithstanding to the contrary contained in anything to the contrary any rule or order for the time contained in any rule or being in force relating to the order for the time being in method of recruitment and force relating to the conditions of service for method of recruitment and recruitment in any service, or conditions of service for to any post under the recruitment in any service, Government, the appointing or to any post, under the authority may appoint persons Government, the to the posts mentioned under appointing authority may rule 3 on academic appoint persons to the arrangement basis initially for posts notified under Rule 3 a period of one year extendable on contract basis initially upto maximum of six years for a period of one year or (one year at a time and subject till regular selection is to good performance and made in accordance with conduct) or till the rules of recruitment selection/promotion is made in governing the respective accordance with the rules of posts, whichever is earlier. recruitment governing the

Provided that the respective posts, whichever is

appointment under these earlier:

rules shall not entitle the Provided that the appointment appointee to any under these rules shall not preferential claim for entitle the appointee to any regular appointment preferential claim for regular under normal process of appointment under normal selection. process of

(2) the services of an selection/appointment.

appointee under these . . . rules shall be terminable

before the expiry of the (2) The services of an appointee contractual period with under these rules shall be one month’s notice, form terminate before the expiry of either side, or on payment the tenure appointment with of one month’s salary in one month’s notice, from either lieu of notice by the side, or on payment of one appointing authority. month’s salary in lieu of notice by the appointing authority. (3) The appointee under

these rules shall have to (3) The appointee under these execute an agreement with rules shall have to execute an the Government on the agreement with the prescribed from appended Government on the prescribed as Form ‘A’ to these rules. form appended as Form ‘A’ to these rules.

(4) The appointment on academic arrangement basis against a post shall be made only when in filling up the post according to relevant recruitment rules is likely to be time consuming.

10.13. A conjoint reading of the provisions of both

the SROs reveals a striking degree of similarity.

The first proviso to the impugned SRO as well as to the 2003 Contractual Rules is pari materia, inasmuch as both stipulate that appointments

made thereunder shall not confer any preferential

claim for regular appointment through the normal

process of selection. Rule 2 of both the SROs

further provides that the services of an appointee

may be terminated prior to the expiry of the tenure

or contractual period, as the case may be, upon

issuance of one month’s notice or on payment of

one month’s salary in lieu thereof. Significantly,

Rule 3 of both the SROs prescribes the execution

of a formal agreement between the respondent-

State and the appointee, and the language

employed in the agreements under both the SROs

is identical.

10.14. The sole distinction between the two sets

of provisions lies in the tenure of engagement. The

impugned SRO of 2009, governing appointments

on an academic arrangement basis, prescribes a

ceiling on the term of service, providing that such

appointments shall be made for a period of one

year, extendable up to a maximum of six years. In

contrast, the 2003 Contractual Rules contemplate

appointments for a period of one year or until a

regular selection is made in accordance with the

applicable recruitment rules, whichever is earlier.

10.15. In the present case, the appellants have

already exceeded the six-year ceiling prescribed

under Rule 4(1) of the impugned SRO, by reason

of the interim orders directing maintenance of

status quo, initially passed by the High Court on 7th June, 2018, in the intra-court appeals and

thereafter by this Court vide order dated 17th April, 2023. Had the respondent-State simply

terminated the services of the appellants upon

completion of six years, as contemplated under

Rule 4(1), the appellants would have been

rendered ineligible to claim the benefit of

regularisation upon completion of seven years of

service under the 2010 Act.

10.16. The question that, therefore, arises for our

consideration is whether the criterion adopted by

the respondent-State to treat the present

appellants differently withstands scrutiny in the

eyes of law, or whether the differentia sought to be carved out offends the equality principles

enshrined in the Constitution.

10.17. We are unable to accede to the submission

of the respondent-State that the criterion adopted

to deny parity of treatment to the appellants is

valid and legally sustainable. The exception

carved out under Section 3(b) of the 2010 Act

could have been justified only if appointees

engaged on an academic arrangement basis were

inherently incapable of satisfying the conditions

stipulated under the Act. However, once those

conditions stand fulfilled, we find no cogent basis

to deny such appointees the benefit of

regularisation.

10.18. More so, such benefit would necessarily

have to be extended by the respondent-State

where the nature of duties discharged by

appointees engaged on an academic arrangement

basis is identical to the duties performed by those

falling within the other categories rendered eligible

for the benefit of regularisation.

10.19. Section 5(v) of the 2010 Act stipulates, as

a necessary condition for regularisation, that an

employee must have completed seven years of

service as on the appointed day, namely 28th April,

2010. However, the second proviso to the said provision expressly acknowledges the possibility

of subsequent fulfilment of the minimum

requirement of seven years of service.

10.20. The second proviso further provides that an appointee who had not completed seven years

of service on the appointed day shall continue in

service until the completion of the requisite period

of seven years and shall thereafter become entitled

to regularisation under the Act. The beneficial

tenor of the said provision manifests the intent of

the respondent-State to avoid the enactment of

measures that would have otherwise operated

harshly against employees who, though short of

the prescribed tenure on the appointed day, would

subsequently fulfil the minimum requirement of

seven years of service for availing the benefit of

regularisation.

10.21. Accordingly, once the conditions

stipulated under Section 5(i) to (v) of the 2010 Act

stand satisfied, the appointee becomes entitled to

seek regularisation of service at the hands of the

State. In such circumstances, the nature of the

initial engagement, whether on an academic

arrangement, ad hoc, contractual or consolidated basis, would cease to be of determinative

relevance.

10.22. Additionally, the very object underlying

the enactment of the 2010 Act was to cure and

regularise long-standing irregular appointments

and to extend legal protection to employees who

had been rendering service for prolonged periods

against substantive and essential posts. The Act,

therefore, cannot be construed or applied in a

manner that arbitrarily excludes a class of

employees, such as the present appellants, who

are discharging identical duties under comparable

conditions. Acceptance of the exclusion sought to

be enforced by the respondent-State would not

only defeat the legislative intent but would also

result in invidious discrimination against a

homogeneous class of workers.

10.23. The State is expected to act as a model

employer and not as a hard-bargaining or

avaricious negotiator. We deem it appropriate to

record our serious disapproval of the manner in

which the respondent-State proceeded to issue

the impugned SRO of 2009. It is an undisputed

position that SRO of 2003 was already in force,

providing for appointments on a contractual basis

under the respondent-State. In that backdrop, the

subsequent decision of the respondent-State to

promulgate the impugned SRO of 2009 cannot be

regarded as a benign or innocuous exercise. What

was sought to be done was merely to repackage a

substantially similar mode of engagement under a

new nomenclature, namely “appointment on

academic arrangement”, while simultaneously

imposing an artificial ceiling of six years on the

tenure of such appointments.

10.24. To compound the matter, when the

respondent-State did eventually act in the manner

expected of a responsible employer by enacting

the 2010 Act providing for regularisation of

services, it once again carved out an exclusion by

wholly denying appointees engaged on an

academic arrangement basis the benefit of

regularisation. Such a classification rests on

considerations alien to settled constitutional

jurisprudence and the equality mandate. By

creating two categories, one comprising

appointees on an academic arrangement basis

and the other consisting of those engaged on a

contractual, ad hoc or consolidated basis, the respondent-State has failed to establish any

reasonable nexus between the classification and

the object sought to be achieved by extending the

benefit of regularisation to the latter category

alone.

10.25. Accordingly, we have no hesitation in

holding that the respondent-State has not only

failed to demonstrate any distinction in the nature

of duties discharged by the appellants, but has,

by engrafting the impugned exception in the 2010

Act, subjected the present appellants to invidious

discrimination, thereby infringing their

fundamental right to equality.

Civil Appeal @ SLP (C) No. 2477 of 2025

11.Leave granted. 11.1. The present appeal assails judgment dated 27th December, 2024, passed by the High Court in Writ Petition (C) No. 2535 of 2023, whereby the High Court dismissed the writ petition filed by the appellant-employees and upheld the order dated 4th September, 2023 passed by Central Administrative Tribunal, Bench, Srinagar in TA No. 204 of 2021. 11.2. The appellants in the present case are aggrieved by the same differential treatment being accorded by virtue of their appointment being on academic arrangement basis and thus, the case of the present appellants is entirely covered by the reasoning and discussion made by us earlier in this judgment. Civil Appeal @ SLP (C) No. 5108 of 2023, Civil Appeal @ SLP (C) No. 5093 of 2023, Civil Appeal @ SLP (C) No. 12238 of 2023 and Civil Appeal @ SLP (C) No. 2477 of 2025. OUR CONCLUSIONS: -

12.In light of the foregoing analysis and discussion, we summarise our conclusions as under: -I. Nomenclature is not determinative of constitutional entitlement. Where employees appointed on an “academic arrangement” basis are similarly situated to those engaged on ad hoc, contractual or consolidated basis in terms of duties, tenure, conditions of service and mode of appointment, denial of equal treatment solely on the basis of nomenclature is impermissible under Article 14 of the Constitution of India. II. The exclusion under Section 3(b) of the Jammu and Kashmir Civil Services (Special Provisions) Act, 2010 does not satisfy the test of reasonable classification. The said provision lacks an intelligible differentia and bears no rational nexus with the object of the Act, which is to regularize long-standing irregular appointments, and therefore results in invidious discrimination qua appointments on academic arrangement basis. III. Fulfilment of statutory conditions under Section 5(i) to (v) of the 2010 Act is determinative of eligibility for regularization. Once such conditions are satisfied, the nature of the initial engagement, whether academic arrangement, ad hoc, contractual or consolidated, ceases to have any legal relevance. IV. The second proviso to Section 5 of the 2010 Act is a beneficial provision and must receive purposive interpretation. Any construction which defeats the legislative intent of protecting employees who subsequently complete the qualifying service period is constitutionally unsustainable. V. The State, as a model employer, cannot adopt artificial classifications to deny statutory benefits. Repackaging contractual engagements under a different nomenclature, while denying regularization, violates the equality mandate under Articles 14 and 16 of the Constitution. FINAL DIRECTIONS: -

13.Accordingly, the judgments dated 22nd February, 2023 and 27th December, 2024, passed by the High Court of Jammu & Kashmir and Ladakh at Jammu in Letter Patent Appeal No. 81 of 2018 (alongwith other connected and analogous appeals) and in Writ Petition (C) No. 2535 of 2023, respectively, are hereby set aside. 13.1. It is declared that Section 3(b) of the Jammu and Kashmir Civil Services (Special Provisions) Act, 2010, insofar as it excludes employees appointed on an academic arrangement basis from consideration for regularisation despite fulfilment of conditions under Section 5 of the Act, is unconstitutional and violative of Article 14 of the Constitution. 13.2. The respondent-State is directed to consider the cases of the appellants for regularisation in accordance with Section 5 of the 2010 Act, without reference to the nomenclature of their initial appointment, within a period of 4 weeks from the date of this judgment. 13.3. The benefit of this judgment shall extend to all similarly situated employees appointed on an academic arrangement basis who satisfy the statutory requirements under the 2010 Act.

14.Consequently, the present appeals stand allowed in aforesaid terms.

15.Pending application(s), if any, are disposed of. [VIKRAM NATH] [SANDEEP MEHTA] NEW DELHI; MARCH 09, 2026