SANJEEV GUPTA Vs. STATE

JUDGEMENT

(1.) SIX members of the Jammu and Kashmir Medical Education (Gazetted) Service, one serving as Assistant Professor for the last one year, i.e. Dr. Sanjeev Gupta - Petitioner No.1, and others as Lecturers since 2011, barring petitioner No. 2 - Dr. Abdul Gani, who has been serving as Lecturer since 2009, in the Department of Orthopedics, Government Medical College, Jammu, governed by the Jammu and Kashmir Medical Education (Gazetted) Service Recruitment Rules, 1979, have approached this Court by their joint Writ Petition seeking, quashing of Government Medical College, Jammu 's Advertisement Notice No. JMC/ ESTT/ GD/ SRO -384/569 dated June 1, 2012, whereby applications were invited from Permanent Residents of the Jammu and Kashmir State for engagement on "Academic Programme Arrangement Basis " against available posts of Professors and Associate Professors in 14 (fourteen) disciplines including that of Orthopedics, in terms of the Jammu and Kashmir Medical and Dental Education (Appointment on Academic Arrangement Basis) Rules, 2009, published vide SRO -384 dated 14 -12 -2009, initially for a period of one year extendable up to maximum of four years subject to good performance and conduct or till selection/promotion was made on regular basis in accordance with the Rules of Recruitment governing the Advertised Posts by the Public Service Commission/DPC, whichever was earlier, besides a Command to the State -respondents to consider them for promotion to the next promotional posts. Restraint directions too are sought against the State -respondents not to confer on persons, selected pursuant to the Advertisement Notice in question, with any status, administrative or otherwise.

(2.) THE case set up by the petitioners, in a nut shell, is that rather than going in for engagement on academic programme arrangement basis in terms of the Jammu and Kashmir Medical and Dental Education (Appointment on Academic Arrangement Basis) Rules, 2009, hereinafter to be referred as "Rules of 2009 ", the State Government should consider Dr. Anil Gupta - Associate Professor in the Department of Orthopedics for Professor 's post and the petitioners for promotion as Associate Professors and Assistant Professors, urging that such a course would take care of the difficulty that the State Government was facing because of the nonavailability of requisite Faculty in the Medical College, which was otherwise mandatorily required in terms of the Medical Council of India Regulations/Guidelines. THEir further case is that Professors/Associate Professors, who are selected and engaged on Academic Arrangement Basis, should not interfere in the working of the petitioners as regular Faculty members, in their planning and execution of treatment/post -operative follow up to the patients.

(3.) FIVE students admitted to the Post -Graduate Degree Course in the discipline of Orthopedics in Government Medical College, Jammu, too seek their impleadment in the Writ Petition to demonstrate urgent need for filling up the available posts of Professors/Associate Professors in terms of the Rules of 2009 so that they were enabled to prosecute their studies without any threat of de -recognition to Government Medical College, Jammu by the Medical Council of India, for non -availability of requisite teaching Faculty. One of the aspirants for the Advertised positions too has moved Motion for impleadment.