VIKRAMJEET SINGH Vs. STATE OF J AND K

JUDGEMENT

(1.) Principal, Government Medical College, Jammu - Respondent No. 3 herein, vide Advertisement Notice No. JMC/ESTT/GD/109/5857 dated 30th October 2010, invited applications from inservice Doctors for the tenure posts of Registrars/Demonstrators in the pay scale of 8000-13500 (pre-revised) in the departments/disciplines of Government Medical College, Jammu, shown in the notice for a period of three years against the available vacancies as also the vacancies likely to become available. The advertisement notice laid down the eligibility criteria for advertised positions and required the aspirants for the posts to route their applications through their Administrative Department and at their option forward advance copies to Respondent No. 3. The interview, however, was to be conducted of only those candidates whose applications were forwarded by their Administrative Department and received in the office of Respondent No. 3 before the date of interview. The last date of receipt of forms was notified as 29th November 2010.

(2.) The Petitioner, a permanent resident of Jammu and Kashmir State, appointed as Assistant Surgeon in J&K Health Services following his selection by J&K Public Service Commission in the year 2007, and posted at Sub Division Hospital Tral decided to respond to advertisement notice. The Petitioner, accordingly, routed his application through the office of Chief Medical Officer, Pulwama, wherefrom it was forwarded to Director, Health Services, Kashmir. The Petitioner also forwarded an advance copy of the application to Respondent No. 3. The Director Health Services, Kashmir ? Respondent No. 3 herein, however, refused to forward the application to the Administrative Department. The efforts made by the Petitioner to persuade the Respondent No. 2 and Administrative Department to forward his application did not bear any fruit. The Petitioner, aggrieved that the applications of other inservice doctors for advertised posts were duly forwarded by the Administrative Department and that the Petitioner was singled out for a discriminatory treatment despite fulfilling eligibility criteria, has filed instant writ petition seeking following reliefs: ...the Respondents be directed to allow the Petitioner to compete the process of selection for the tenure post of Registrar in Government Medical College Jammu in terms of advertisement notice No. JMC/ESTT/GD/109/5857 dated 30.10.2010 and consequently the Respondents 1 and 2 be directed to accept the application form of the Petitioner and forward the same to Government Medical College Jammu who shall be directed to allow the Petitioner to compete the process of selection for the said post. In the event the Petitioner succeeds on the basis of merit in such process of selection the Respondents shall be directed to select and appoint the Petitioner for the tenure post of Registrar Pediatrics in Government Medical College Jammu on the basis of his merit by further directing the Respondent No. 2 i.e. Director Health Services Srinagar to relieve and issue No Objection certificate in favour of the Petitioner for joining the said Registrar post in Government Medical College Jammu to this effect the appropriate writs may be issued in favour of the Petitioner and against the Respondents.

(3.) The writ petition is opposed on the grounds that the Petitioner has not approached the Court with clean hands and suppressed material facts. It is pleaded that the writ petition raises pure question of fact that cannot be dealt with while exercising extra ordinary writ jurisdiction. It is further averred that the Petitioner cannot, at his choice leave the post held, to take another assignment and that the services of the Petitioner are required by the State Health Services Department. The Respondents, while admitting that the Petitioner has been appointed as Assistant Surgeon vide Government Order No. 212-HME of 2007 dated 28.03.2007, read with Government order No. 392-HME of 2007 dated 06.06.2007, and allowed to pursue Post Graduate Course in Pediatrics in Government Medical College, Jammu, and thereafter posted at SDH Tral, deny that the Petitioner has a right to apply for the advertised post in absence of permission from Respondents 1 and 2. It is pleaded that the Respondents 1 and 2 are within their rights to withhold/not forward, the application of Petitioner on the ground of shortage of Doctors in J&K Health Services Department and not to spare the services of Petitioner for his appointment as Registrar, Paediatrics, in Government Medical College, Jammu. It is pleaded' that the Registrarship is not a requirement for the post of Assistant Surgeon, already, held by the Petitioner. The Respondents dispute the Petitioner's right to claim parity with other inservice doctors, allowed to compete for the post of Registrar/Demonstrator in Government Medical Colleges in the State.