ARUN SHARMA Vs. STATE

JUDGEMENT

(1.) Controversy running through weft and warp of five petitions, on hand, relates to eligibility of a candidate with Master in Hospital Administration degree (MHA) awarded by TATA Institute of Social Sciences, Mumbai (for short, TATA Institute) to the post of Deputy Medical Superintendent in GMC, Jammu/Srinagar. The petitioners have to their credit Master in Hospital Administration degree from the aforesaid Institute and are not being allowed to participate in the selection process for the post of Deputy Medical Superintendent in GMC, Srinagar/Jammu initiated by the Jammu and Kashmir Public Service Commission (for short, respondent-Commission) on the ground that the TATA Institute is not recognized Institute under Indian Medical Council Act, 1956 and, therefore, the petitioners do not satisfy the eligibility criteria laid down in Jammu and Kashmir Medical Education (Gazetted Service) Recruitment Rules, 1979 (hereinafter, Rules of 1979).

(2.) First an overview of the background facts.

(3.) Four of the five writ petitions awaiting disposal are filed by Dr. Arun Sharma. The petitioner responded to Advertisement Notification No.16-PSC of 2005 issued by the Jammu and Kashmir Public Service Commission (for short, respondent-Commission) in the year 2005, inviting applications from eligible candidates for the available vacancy of Deputy Medical Superintendent in Government Medical College, Jammu. The petitioner was not considered on the ground that he did not possess experience prescribed under Rules of 1979. The respondent- Commission, however, did not raise any dispute as regards his qualification, i.e. Master in Hospital Administration degree obtained by the petitioner from TATA Institute. The petitioner appears to have felt satisfied with his non-selection and waited for the next chance, expecting to have gained prescribed experience by the time, next selection process for the post was initiated. The opportunity came his way when the respondent-Commission vide Notification No. 02-PSC of 2009 dated 30th January, 2009 invited applications for two posts of Deputy Medical Superintendents in Open Merit and RBA Category in Government Medical College, Jammu and Srinagar (back-log). The petitioner responded to the Advertisement Notice. However, the respondent-Commission did not proceed with the selection process, because of litigation over the matter.