PAWAN KUMAR GUPTA Vs. STATE OF J&K

JUDGEMENT

(1.) THE Jammu and Kashmir Public Service Commission invited applications on the prescribed forms for two posts of Lecturers in Bio -Chemistry in the Health and Medical Education Department (one in open category and one in ST category) vide notification No. 4 -PSC of 1998 dated 31st March, 1998. The petitioner being fully eligible for the said post applied and for which the other candidates also applied. The Public Service Commission completed the selection process and issued select list dated 21st October, 1999, in which one Subhiya Majid was placed at S. No. 1 against the open category. Petitioner being a candidate in open category was placed in the wait list. Consequently, recommendation for appointment of Mrs. Subhiya Majid was made by the Commission to the Government. On the recommendations of the Commission, Mrs. Subhiya Majid was appointed as lecturer in Bio -Chemistry in Government Medical College, Srinagar. As regards the other vacancy existing in the Scheduled Tribe category, no recommendation was made by the Commission on account of pendency of some litigation before the court. The second post thus, remained unfilled. The Medical Education Department, experiencing difficulty in the patient care field, by its letter No. ME -GM -139/99 dated 03 -12 -1999, wrote to the Secretary, J&K Public Service Commission in the following terms:

(2.) THUS , the desks were cleared for filling up the post under the reserved category. The petitioner, though was a candidate in open category, made a representation for his appointment for the post reserved for ST category being number one in the wait list and no suitable candidate being eligible for appointment under the reserved category. In the meanwhile, Under Secretary to Government, Health and Medical Education Department by its letter No. ME -GM -139/99 dated 30th November, 2000, wrote to the Commission to furnish the requisite information with regard to the position of OWP No. 280/99. The Commission wrote back that writ petition No. 480 of 1999 (not 280/99 as mentioned in the letter) titled Bashir Ahmed Ganai and Others v. State and others, the Honble High Court at Srinagar had passed interim orders dated 08.09.1999, which reads as under: -

(3.) THE Commission thus, by the above said letter dated 21st December, 2000, informed the Health and Medical Education Department in terms of its earlier communication dated 10th March, 2000 (Annexure 'C) that the Administrative Department may take necessary action for filling up the post under rules for the reason that Mrs. Shaista Goni has not been found suitable for being appointed. When the petitioner was not considered for appointment, he filed writ petition (SWP No. 583/2001) for seeking a direction to the respondents for considering his candidature for the reserved vacancy as the candidate from the reserved category was not available. The writ petition of the petitioner came to be disposed of by order dated 9th April, 2002, in the following terms: