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2025 DAILYLAW 11307 (JK)

ARCHANA YADAY v. UNION TERRITORY OF J AND K (HEALTH AND MEDICAL EDUCATION) AND ORS

WP(C)/2750/2025 · 2025-11-25

Rajesh Sekhri

Writ Petition (Civil)body2025

Judgment text

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S. No. 2 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 2750/2025 CM(7298/2025) CM(7372/2025) ARCHANA YADAY …Petitioner/Appellant(s) Through: Mr. Arshid Bashir, Advocate. Vs. UNION TERRITORY OF J AND K (HEALTH AND MEDICAL EDUCATION) AND ORS ...Respondent(s) Through: Mr. Waseem Gul, GA. CORAM: HON’BLE MR JUSTICE RAJESH SEKHRI, JUDGE O R D E R 25.11.2025 Learned counsel for the petitioner has submitted that case of the petitioner is squarely covered under the stand taken by the respondents in para 11 of the reply, in particular sub clause (c) of clause (b) of Post Graduate Medical Courses Statute 2005, University Calender 2010 volume 2.7. Learned counsel for the petitioner has submitted that petitioner obtained maternity leave of 135 days and she had earned more than 80% attendance during the training period. Respondents are required to treat the petitioner’s MD in Radio Diagnosis as duly completed within the prescribed tenure. Learned counsel for the petitioner has also submitted that one of the doctors namely Dr. Qurat, has been considered on the same lines and petitioner being similarly situated is required to be treated at par. Mr. Waseem Gul, learned GA, appearing counsel for the respondents has reiterated the stand taken by the respondents in para 11 of the reply and has no objection in case, case of the petitioner is considered in view of the said stand as per law. Statement of the learned counsel is taken on record. With the consensus of learned counsels for the parties, the present petition is disposed of with a direction to the respondents to consider the case of the petitioner in terms of stand taken by the respondents in para 11 of the reply and treat the petitioner at par with Dr. Qurat, provided she is similarly situated. Needful be done within three weeks from the date copy of this order, along with copy of petition and annexures are made available to the respondents. Disposed of. (RAJESH SEKHRI) JUDGE SRINAGAR 25.11.2025 Ishaq