ARVIND KOHLI Vs. STATE

JUDGEMENT

(1.) THE petitioner, Dr. Arvind Kohli has filed these Petitions seeking directions to establish and protect his claim to selection against the post of Lecturer in Cardio-Thoracic Surgery in Government Medical College, Jammu.

(2.) THE facts in brief, leading to the filing of the Petitions, may be stated thus:- By Writ Petitions SWP 114/2007 and 626/2007, he seeks quashing of Government Order No. 02-HME of 2007 dated 16.01.2007 in terms whereof Dr. Noor Ali was absorbed permanently as Lecturer in Cardio- Thoracic Surgery and Corrigendum to the above Government order substituting the word "Lecturer" by words "Incharge Assistant Professor", so as to project his right of participation in selection against the post. By Writ Petitions SWP 1107/2008 and 151/2009, he questions the appointment of the expert on the Selection Committee constituted by the Jammu and Kashmir Public Service Commission, besides the decision of the Commission holding him ineligible to compete in Selection against the post of Lecturer in Cardio-Thoracic Surgery advertised vide Notice No. 02-PSC of 2007 dated 06.03.2007.

(3.) WITH the above prelude, Writ Petitions SWP 114/2007 and 626/2007 whereby the petitioner questions the absorption of Dr. Noor Ali-respondent are taken up first for consideration. The petitioner's grievance in these Petitions is founded on the plea that the only mode of filing up the post of Lecturer in Cardio-Thoracic Surgery, in terms of the Jammu a nd Kashmir Medical Education (Gazetted)Service Recruitment Rules,1979, being, by direct recruitment, the State Government's Order of Dr. Noor Ali's adjustment against the post effects adversely the petitioner's right to consideration for selection against the post, through direct recruitment, hence illegal.