FAROOQ AHMAD BHAT Vs. STATE AND OTHERS

JUDGEMENT

(1.) By the medium of this writ petition, the petitioner has sought writ of mandamus commanding the respondent No. 3 to select and recommend the petitioner for appointment to the post of Medical Record Officer with a prayer to direct the respondents 1 & 2 to consider the case of the petitioner for appointment against the said post on the basis of such recommendations to be made by the Jammu & Kashmir Public Service Commission, with all consequential benefits.

(2.) Precisely, the edifice of the petitioner's case is founded on the facts that he has participated in the selection process pursuant to notification bearing No. 20-PSC of 2001 dated 30.07.2001, and that he was selected but the selection list could not be issued because of the restraint order passed by this Court in a writ petition filed by one Firdousa Akhter. It is stated that the post which was notified in terms of the aforesaid notification is still vacant and the petitioner is the only candidate who is entitled to selection/appointment against the post in question. Paragraphs 09 and 10 of the writ petition, which depict the entire controversy, are quoted hereunder:

(3.) Respondents have filed the reply and have resisted prayers as well as averments made in the writ petition. Respondents in their reply have specifically averred in their reply affidavits that the petitioner has not participated in the selection process drawn by the respondents in terms of notification bearing No. 02-PSC of 2002 dated 09.01.2002. Thus he has no right to seek consideration for selection/appointment to the post in question.