VINAY RAMPAL Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) Rule nisi.

(2.) Petitioner appears in person. We heard Mr. Altaf Ahmed, learned counsel for the State of Jammu and Kashmir.

(3.) Mr. Altaf wanted us to examine the operational area of the Government order dated March 23, 1979. It was urged that on a true interpretation of this order, the petitioner would not be qualified for selection and admission to Post-Graduate course or registration in the speciality course for General Medicines for M.D. degree in the Government Medical College at Jammu. To appreciate this submission, it would be necessary to refer to the advertisement issued by the Principal, Government College, Jammu, on July 25, 1981 inviting applications for selection and admission to Post-Graduate Course in General Medicines in Government Medical College at Jammu. The selection for admission was to be made on the basis of minimum qualifications set out in the advertisement. In respect of two aspects there is a contradiction between the Government, order dated March 23, 1979 and the advertisement setting out minimum qualification for admission. Applications were invited from intending candidates who satisfy the minimum eligibility qualification. There was no reference in the advertisement about Government order dated March 23, 1979. Petitioners and others submitted applications keeping in view the advertisement which was issued and therefore the requirements set out in the advertisement should provide the basis for selection and eligibility for admission of the petitioner has to be judged on the same basis otherwise he can complain of discrimination, as others have been admitted on the basis of advertisement and not order dated March 23, 1979.