J&K PUBLIC SERVICE COMMISSION Vs. MUSHTAQ AHMAD

JUDGEMENT

(1.) These two Letters Patent Appeals are directed against judgment and order of a learned Single Judge of this Court, dated 10.06.2011, whereby writ petition bearing SWP No. 163/2011 filed by the respondent Dr. Mushtaq Ahmad has been allowed. For the similarity of issues involved in both the cases, they have been heard together and are being disposed of by his common judgment. We have perused the record.

(2.) Facts, which are necessary to dispose of these appeals, are, briefly, these:

(3.) It is undisputed that the writ petitioner as also the appellant at the relevant time were possessed of the minimum eligibility qualification as they both are MD (Anesthesiology). It is also not disputed that both of them possessed the requisite experience too. Dispute, however, has arisen as regards the benefit of additional marks for higher qualification as contemplated under Rule 51(B)(ii) of the Jammu and Kashmir, Public Service Commission (Business and Procedure) Rules, 1980 (for short, the 1980 Rules).