1 S. No. 60 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) No. 1786/2023 CM No. 4167/2023. Dr. ROBINA NAZIR AND ANR. …Petitioner(s) Through: Mr. Hakim Suhail Ishtiaq, Advocate. Vs. UT OF J&K AND ORS. ...Respondent(s) Through: Mr. Hakim Aman Ali, Dy.AG. CORAM: HON’BLE MR JUSTICE JAVED IQBAL WANI, JUDGE O R D E R 17.02.2025 1. Facts on the strength of which the instant petition has been maintained by the petitioners filed under Article 226 of the Constitution are as under: -  Petitioner 1 herein is a lecturer in the Government Medical College Srinagar, however, on deputation to Government Medical College Jammu. She was initially deputed to Government Medical College, Jammu vide Government order No.577-HME of 2013 dated 24.10.2013 and thereafter repatriated to Government Medical College, Srinagar vide Government order No.554-HME of 2018 dated 03.10.2018.  The petitioner 2 herein is Deputy Superintendent in J&K Police Department and is presently on the rolls of District Police Bandipora. On 17.10.2018, the petitioner 2 herein while performing his duty was attacked at Babateng Pattan Naka by lobbing a grenade at him wherein he got seriously injured and was shifted to 92 Base Hospital Badamibagh, Srinagar and remained admitted therein. 2  Immediately upon recovery, the petitioner 2 herein represented to then Advisor to the Governor seeking posting in Government Medical College, Srinagar on security grounds which whereupon after series of recommendations made vide Government Order No.627– HME of 2019 dated 04.07.2019 allowed the petitioner 1 to continue with Government Medical College, Srinagar, till further orders.  Petitioner 2 herein presently posted in Bandipora and is actively involved in counter terror operations as such, is under consistent security threat owing to which reason the entire family of petitioner 2 herein including the petitioner 1 is residing in Jammu.  Being oblivious to the reason as to why the petitioner 1 herein was deputed in Government Medical College Jammu in first place, the respondent 1 has issued impugned order No.558-JK (HME) of 2023 dated 13.07.2023. 2. The impugned order has been challenged in the instant petition primarily on the grounds that once it was established that the petitioners were under threat from terrorists, it is the constitutional obligation of the respondents to protect them, more so, when the petitioners are at constant high risk which had formed the basis of recommending the continuation of the petitioner 1 herein at Government Medical College Jammu in the year 2019 and that without re-evaluation of the threat faced by the petitioners, the respondents issued impugned order in violation of right to life of the petitioners guaranteed under Article 21 of the Constitution. 3. Respondent 1 has filed reply to the petition which, however, is completely silent about the facts pleaded by the petitioners as to why petitioner 1 was deputed to Government Medical College, Jammu. It is also not been denied that the petitioners have imminent threat to their life, however, what has been instead stated in the reply that the 3 period of deputation of petitioner 1 herein has exceeded four years therefore, the same necessitated the issuance of impugned order. 4. It is significant to mention here that even though the Director General of Police Department was impleaded as party respondent 2 in the petition yet, no reply has chosen to be filed by respondent 2 herein to the petition. 5. It is also pertinent to mention here that during the pendency of instant petition and during the course of its hearing, counsel for the petitioners produced a communication dated 21.10.2024 addressed by Dr. Rajesh Mahajan, Professor I/C HOD, Department of Anesthesia, Critical Care & Pain Medicine, Government Medical College, Jammu, wherein it has been stated that in the light of acute shortage of faculty in Department, the services of the petitioner 1 herein as In-Charge of the Neuro Anesthesia Department, including Neuro Critical Care ICU at the Super Specialty Hospital, be retained and that she has effectively managed the Department and is an invaluable asset. The said recommendation made in the letter dated 21.10.2024 is shown to have been forwarded to respondent 1 herein in the month of October 2024 wherein no decision is stated to have been taken by the respondent 1. 6. Record would reveal also that on 07.02.2025, counsel for the respondents came to be directed to seek instructions in the matter in view of the recommendations contained in letter dated 21.10.2024 in response whereof the counsel for the respondents reported that a decision on the said recommendations is yet to be taken. 7. Having regard to the aforesaid position obtaining in the matter, it is deemed appropriate to dispose of the petition at this stage with the consent of appearing counsel for the parties, in order to provide sufficient and appropriate time to the respondents to address to the case of the petitioners in view of facts as has been noticed in the preceding paras as well as the recommendations made in the letter dated 21.10.2024 supra. 8. Accordingly the petition is disposed of as follows: - 4 i) Respondent 1 is directed to effectively consider the case of the petitioner 1 on the recommendations made by respondent 4 for retention of the petitioner 1 in Government Medical College, Jammu, and till such time the decision thereof is taken, the present status of the petitioner 1 be not disturbed and as a consequence whereof the impugned order dated 13.07.2023 shall be deemed to have been rendered ineffective and in operative against petitioner 1. 9. It is made clear that this court did not express any opinion on the merits of the case which shall remain open for adjudication in case cause survives. 10. Disposed of. (JAVED IQBAL WANI) JUDGE SRINAGAR 17.02.2025 Ishaq Whether the order is speaking? Yes/No Whether approved for reporting ? Yes/No