SHYAM SINGH Vs. J&K PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) Vide advertisement notification No. 03-PSC of 2006, applications were invited by the Public Service Commission for making appointment to the post of Lecturer in Cardio Thoracic Surgery under RBA category. However, subsequently, the above said notification was withdrawn and vide notification No. 02-PSC of 2007, dt. 6th of March'07, applications were invited afresh in the open merit category for filling up three posts of Lecturers one each in the discipline of Cardiology, Cardio Thoracic Surgery and Cardio Thoracic Anaesthesia respectively. Petitioner along with private Respondents 3 and 4 applied for the post of Lecturer in cardio Thoracic Surgery in pursuance to the above notification. It is not in dispute that the selection process has not yet concluded as no appointment order has been issued. As there is a dispute with regard to the eligibility of private Respondents, a decision has been made by the Respondent-Public Service Commission in favour of private Respondent No. 4, considering him eligible to compete in the selection process. Pre-empting the said move of the Respondents, the present petition has been filed by the Petitioner questioning the said decision made in favour of the private Respondent No. 4, by the Public Service Commission, on the ground that the qualification acquired by the said Respondent is not recognized by the Medical Council of India (here-in-after referred to as the Council). This is the sole issue involved in the present petition.

(2.) Before proceeding further, it would be apt to notice the essential qualification as prescribed for the post of Lecturer, Cardio Thoracic Surgery, which is as under: -"M. Ch in Specialty concerned after MS/FRCS or an equivalent qualification in Surgery with three years special training in the specialty concerned or specialty board (USA) in the specialist concerned after post graduation".

(3.) In addition to the above qualification, the candidate seeking consideration for appointment against the aforementioned post was also required to possess the experience as Registrar/Tutor, or an equivalent post in the respective subject for three years in a Medical College or a recognized teaching medical Institution such as AIIMS New Delhi, PGI Chandigarh; TIMER Pondichery and such other Institutions, as are recognized by the Medical Council of India.