REYAZ AHMAD WANI Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) Vide Advertisement Notice No. 02 of 2021 dtd. 17/4/2021, the Sher-i-Kashmir Institute of Medical Sciences, Soura, Srinagar, ["the SKIMS"] invited applications on the prescribed format from eligible candidates for filling up various vacant faculty posts at the level of Assistant professors under direct recruitment, which included two posts of Assistant Professor in the department of Pediatric Surgery. One post was in the open category and one was earmarked for RBA category.

(2.) The petitioner, being eligible in all respects, submitted his application form on the prescribed format along with requisite documents for the post under general category. The SKIMS scrutinized the application forms submitted by the candidates for the post of Assistant Professor under direct recruitment in the Pediatric Surgery and came up with a communication dtd. 29/8/2022. The communication was accompanied by Annexure I containing the names of the candidates found provisionally eligible for participation in the selection process and Annexure II, containing the names of the candidates who were found ineligible. The name of the petitioner figured at serial No. 2 of Annexure II appended with the communication dtd. 29/8/2022. Since the candidates enlisted as ineligible candidates were given an opportunity to file representation within a period of three days from the date of publication of the notice dtd. 29/8/2022, as such, the petitioner filed a representation in this behalf on 31/8/2022. It may be noted that petitioner was found ineligible because of short-fall of one publication.

(3.) Apprehending that his representation may not be considered by the SKIMS and he would be deprived to participate in the selection process, the petitioner filed the instant writ petition seeking, inter alia, a writ of certiorari quashing the prescription of qualification of two publications laid down in the Advertisement Notice No. 02 of 2021 dtd. 17/4/2021 for the post of Assistant Professors. The petitioner also assailed the communication of the SKIMS dtd. 29/8/2022 whereby it had declared the petitioner provisionally ineligible to participate in the selection process. Apart from seeking writ of certiorari, the petitioner also prayed for a direction to the SKIMS to allow the petitioner to participate in the viva voce scheduled to be held on 2/9/2022.