VIKRANT SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) Through the medium of Letters Patent Appeal bearing LPASW No. 121/2013, the appellant has impugned the common judgment dtd. 7/5/2013 passed by the learned Single Judge in SWP No. 188/2011 and SWP No. 238/2011, whereby the learned Single Judge quashed the selection of Dr. Amit Suri, who figured as respondent Nos. 3 and 5 in the said writ petitions respectively for the post of Lecturer (Surgery) in Government Medical College, Jammu and further the respondent-J&K Public Service Commission was directed to reframe the merit list showing Dr. Ajay Anand, Dr. Shyam Kumar Gupta, Dr. Vikrant Singh and Dr. Rajiv Gupta in that order and make recommendation for appointment against the advertized vacancies to the then State Government/Intending department. The appellant was awarded 5 additional points for the qualification of DNB acquired by him from Bhopal Medical Hospital and Research Centre, that was accredited with National Board of Examination.

(2.) It needs to be noted that the learned Single Judge in the impugned judgment had observed that the appellant-Dr. Vikrant Singh shall continue to be in the select list though below Dr. Shayam Kumar Gupta i.e. respondent No. 1 herein. During the pendency of this appeal, the appellant was selected as Lecturer in the discipline of Super Specialty (Surgical Gastroenterology), Government Medical College, Jammu vide order dtd. 19/3/2018 and submitted his joining report on 20/3/2018.

(3.) During the pendency of this appeal, Dr. Sandeep Bhat filed another appeal thereby challenging the judgment impugned. Since he was not party to the writ petition bearing SWP No. 238/2011, he filed an application seeking leave to file appeal against the judgment passed by learned Single Judge. In the said application, the grievance raised by the appellant-Dr. Sandeep Bhat was that the learned Single Judge while directing the respondent-Public Service Commission to redraw the merit list, has not specifically included the merit of those who would find their place between Dr. Shayam Kumar Gupta with 68.75 marks and Dr. Vikrant Singh whose merit was brought from 72.75 to 67.75 after the deduction of 5 marks, to which the appellant-Dr. Vikrant Singh was not found entitled to by learned Single Judge.