BASHARAT MUJTABA Vs. STATE

JUDGEMENT

(1.) Sher-I-Kashmir Institute of Medical Sciences (SKIMS)-Deemed University, issued Advertisement Notification on 06-06-2013, whereunder applications were invited from eligible candidates for seeking consideration for being selected to undergo training course in DM/M.Ch. in different disciplines. Notification No. SIMS/Acad-76 of 2013 dated 15-07-2013 was issued, whereunder list of 17 candidates was published, who, on the basis of their merit obtained in the entrance examination (theory and practical) conducted by SKIMS, were selected to undergo DM/M.Ch. degree courses (03 academic years) at SKIMS, deemed University for the session 2013. Petitioners were also selected to undergo various courses. From amongst the petitioners, this writ petition survives only for petitioner No. 2 and petitioner No. 4 as other petitioners have been admitted to undergo courses for which they stand selected.

(2.) Besides other conditions in the Selection Notification, one of the conditions, which was part of the Advertisement Notification also, was that the selected candidate shall submit No Objection Certificate (NOC) from his/her employer in case he/she is working in Government/Semi Government Department. It was also provided in the Selection Notification that the selected candidates shall join and complete all necessary formalities in Academic Section, SKIMS and submit original certificates required in this behalf along with requisite fee, latest by 25-07-2013, failing which, the seat, falling vacant, shall be offered to the next candidate, if any, figuring in the merit list.

(3.) The petitioners, being in-service Assistant Surgeons, approached the competent authority with the request that in view of their selection to undergo higher training courses in SKIMS, deemed University, they be relieved. The Competent Authority, however, did not relieve the petitioners, which necessitated them to file a representation before the respondent No. 3, requesting him to extend time for production of NOC from their employer. Time was extended upto 31-07-2013. When the employer did not accede to the request of the petitioners for issuing NOC and relieving them, they approached this Court by filing SWP 1378/2013. The Court, on 26-07-2013, while issuing notice in the said writ petition, directed the respondents therein to relieve the petitioners so as to enable them to undergo higher training courses. This order was, however, made subject to objections of the other side.