SANJEEV KUMAR Vs. STATE OF J AND K

JUDGEMENT

(1.) These two appeals under Clause 12 of the Letters Patent Rules have been filed against judgment dated 18th March, 2002 whereby the writ petitions, being SWP Nos. 842/2000 and 666/2000, filed by the writ petitioners, appellants herein, have been dismissed by the learned Single Judge of this Court, up-holding the appointment of private respondents to the post of Lecturers in Paediatrics in the Jammu and Kashmir Medical Education Department. By this common order, we proceed to decide the above two appeals.

(2.) In brief, facts of the case are that, vide notification No.22-PSC of 1998 dated 12th October, 1998, the Jammu and Kashmir Public Service Commission (hereinafter referred to as `the Commission') invited applications for two posts of Lecturers, one each to be selected from amongst the candidates belonging to Open Merit Category and Scheduled Caste Category, in the department of Paediatrics in the State Medical Education Department. Among other things, it was stipulated that the candidates should possess two years' experience as Registrar / Tutor, Demonstrator / Tutor or Senior Resident in the concerned discipline, i.e., Paediatrics. According to the appellants, they fulfilled all the conditions and stipulations mentioned in the notification and applied through proper channel for the post of Lecturer under the Open Merit Category. However, according to them, the Commission rejected their applications on the ground that they did not possess the requisite experience prescribed in the notification. The appellants appear to have challenged the rejection of their application forms by the Commission through the medium of two separate writ petitions, being SWP No. 1991/99 and OWP No.1025/98. In pursuance of the interim direction dated 24th November, 1998 passed by the learned Single Judge of this Court in the above writ petitions, the appellants (writ-petitioners in the above two writ petitions) were also interviewed.

(3.) The Commission by notice dated 25th October, 1999 issued the select list. In the select list one Dr. Nazir Ahmad Parray was shown to have been selected against the post of Lecturer under Open Merit Category. As regards the other post meant for the reserved category of Scheduled Caste, the result in the select list was shown to have been withheld. In the waiting list three candidates, namely, Dr. Muzaffar Jan, Dr. Ghulam Rasool and Dr. Ghanshyam Saini, were shown in order of merit. Pursuant to the select list, vide Government order No. 565-HME of 1999 dated 28th October, 1999, Dr. Nazir Ahmad Parray, selected under Open Merit Category, was appointed as Lecturer, Paediatrics. Thereafter, vide a separate order, i.e. Government order No.211-HME of 2000 dated 24th April, 2000, Dr. Muzaffar Jan, Dr. Ghulam Rasool Wani and Dr. Ghanshyam Saini, who figured in the waiting list, were also appointed as Lecturers Paediatrics in Government Medical Colleges at Srinagar and Jammu. It may be mentioned here that the two writ petitions filed by the appellants, viz. SWP No. 1991/99 and OWP No.1025/98, were ultimately dismissed by the learned Single Judge by judgment dated 10th March, 2000 and the appellants did not file any appeal against the aforesaid judgment of the learned Single Judge which, consequently, attained finality. However, aggrieved of the appointment of the three candidates, namely, Dr. Muzaffar Jan, Dr. Ghulam Rasool Wani and Dr. Ghanshyam Saini, figuring in the waiting list, as Lecturers Paediatrics, the appellants herein filed two separate writ petitions, being SWP Nos. 842/2000 and 666/2000.