BASHIR AHMAD SANIE (DR.) Vs. STATE AND ORS.

JUDGEMENT

(1.) Pursuant to Notification Nos. 13-PSC of 2008 dated 31.12.2008 and 14-PSC of 2009 dated 17.07.2009 issued by the State Public Service Commission, the peti tioner and respondents 6 & 7, including the other eligible candidates, applied for the post of Lecturers in Medicine in the Government Medical College, Srinagar/Jammu. Respondents 6 & 7 came to be selected and appointed. Feeling aggrieved of the mode and method of the said selection, the petitioner questioned the same on the grounds taken in the memo of writ petition.

(2.) Precisely, the case the petitioner is that he has completed his MBBS degree in the year 1991 through University of Kashmir and obtained degree of Doctor of Medicine (General Medicine) through Sher-i-Kashmir Institute of Medical Sciences in the year 1998 in first attempt. Thereafter, in the year 2005, the petitioner com pleted Doctor of Medicine (D.M.), Neurology, through All India Medical Institute of Medical Sciences, New Delhi, that too, in the first attempt. The petitioner has to his credit various publications, details whereof are given in annexure 'E' to the writ petition. The petitioner has also worked as Senior Resident D. M. (Neurology) in the department of Neurology in the All India Institute of Medical Sciences, New Delhi, for a short period and has also participated in the teaching programmes during that period.

(3.) Having to his credit all these degrees and qualifications, the petitioner came to be appointed as Assistant Surgeon in the Health Services Department of the State of J&K, Kashmir, and was posted in District Hospital Pulwama. It is further averred that, while being in the service of the Health Department, the petitioner worked as a Lecturer on deputation in the Department of Medicine, in Government Medical College and Associated Hospital Srinagar from 11.01.2007 to 30.06.2009 which fact is evidenced by annexure 'H' appended to the writ petition. The petitioner is a member of socially and educationally backward class of J&K, falling under the category of 'Resident of Backward Area'.