AMIT TOMAR v. CENTRAL UNIVERSITY TH ITS VICE CHANCELLOR SAMBA AND ANOTHER
WP(C)/1566/2025 · 2025-07-15
Javed Iqbal Wani
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 3598 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3598 (JK) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
WP(C) No. 1566/2025 CM No. 3630/2025
Amit Tomar …..Petitioner(s)
Through: Mr. Navyug Sethi, Advocate. Vs
Central University Th. Its Vice Chancellor, Samba and Anr.
.…. Respondent(s)
Through:
Mr. D.C. Raina, Sr. Advocate with Mr. Govind Raina, Advocate.
Coram: HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE
ORDER(ORAL) 15.07.2025
1. Upon coming of the instant case for consideration, the counsel for the petitioner would submit that the petitioner herein being an employee of the Central University, Jammu working as Senior Assistant Professor in the Department of Physics and Astronomical Sciences and hailing from Meerut Uttar Pradesh, was taken ill while availing leave in the first week of July, 2023 and remained hospitalized in P L Sharma District Hospital, Meerut and Neurosciences Hospital, Meerut w.e.f 30.08.2023 to 25.05.2025 and that after taking complete rest pursuant to the medical advice, as also after being declared medically fit to resume duties by the doctors, the petitioner submitted his joining report on 29.11.2023 before the Registrar of the University, in response whereof, vide Letter dated 04.10.2024, the petitioner came to be called upon by the Registrar to submit his joining report alongwith Medical Fitness Certificate issued by the Medical Board of a Government Hospital/Medical College and though the petitioner insisted before the respondents that there is no need or requirement for furnishing such certificate and the petitioner requires to be allowed to resume his duties, the respondents did not allow him to resume his duties, compelling the petitioner to approach this Court through the medium of the instant petition. Sr. No. 42
2 WP(C) No. 1566/2025
2. Mr. D.C. Raina, learned Senior Advocate present on behalf of the respondent-University would submit that the requirement of furnishing of medical certificates/opinion by the petitioner from the Standing Medical Board of any Government Hospital/Medical College is sine qua non for allowing the petitioner to resume his duties and since the petitioner did not produce any such certificate, he, as such, could not be allowed to rejoin his duties. 3. Having regard to the aforesaid grievance of the petitioner, inasmuch as, the submissions of Mr. Raina, learned Senior Advocate, it is deemed appropriate to dispose of the instant petition, at this stage, without seeking any returns from the respondents in order to avoid delay in disposal of the instant petition.
Accordingly, the instant petition, with the consent of the appearing counsels for the parties, is disposed of with a direction to the petitioner to furnish a fresh medical record/certificates pertaining to his ailment before the respondent 2 within two weeks from the date of passing of this order and also render all assistance to the respondent 2 in verifying the genuineness and authenticity of the said medical record/certificates from the concerned hospitals. Respondents shall revisit and reconsider the case of the petitioner for re-joining/resuming his duties without insisting for the Medical Certificates from a Govt. Hospital and while taking a lenient view, take a decision qua the case of the petitioner for resuming of his duties. A decision in this regard be taken and preferably within six weeks. 4.
Disposed of along with connected application(s).
(Javed Iqbal Wani) Judge Jammu 15.07.2025 Ram Krishan
Ram Krishan 2025.07.22 15:03 I attest to the accuracy and integrity of this document