GOURAB GUPTA Vs. STATE

JUDGEMENT

(1.) The Jammu and Kashmir Public Service Commission through its Secretary-respondent No. 2 herein vide Notification No. 16-PSC of 2010 dated 3rd December 2010 invited applications from the eligible candidates for available posts of lecturers in different streams of Dentistry in Dental Colleges of J&K. The posts advertised included one post each in the discipline of Oral Surgery Oral Medicine and Radiology. The petitioners though having MD in Oral and Maxilla Facial Surgery and Oral Medicine and Radiology respectively to their credit, holding the post of Dental Surgeons substantively and working as Registrars in the respective Departments of Government Medical College, Jammu decided not to apply for the advertised posts. The petitioners fell dissuaded from participating in the selection process as neither of them had two years teaching experience as Registrar/Demonstrator/Tutor.

(2.) The petitioner's case is that a number of aspirants for the advertised posts, like the petitioner's did not apply for the advertised posts notwithstanding having experience as Lecturers in private Colleges, as they did not possess the requisite experience. It is pleaded, that the respondent No. 2 fully aware that the respondents 3 to 6 did not possess the requisite experience contemplated by Jammu and Kashmir Dental Education (Dental College) Gazetted Service Recruitment Rules 1993, notified vide SRO 75 of 15th April 1993 (hereinafter Recruitment Rules of 1993) not only entertained the applications of respondents 3 to 6, but selected them against the advertised posts and recommended their appointment to the respondent No. 1.

(3.) The case set up by the petitioners is that the qualification prescribed for the post of Lecturer is "Master degree or equivalent in the concerned speciality recognised by Dental Council of India" and "two years teaching experience as Registrar/Demonstrator/Tutor" and that of the Respondents 3 to 6 has two years teaching experience as Registrar/Demonstrator/Tutor on the relevant date to his credit, they were not eligible to participate in the selection; process, let alone get selected.