WASIQ RASOOL MALIK Vs. STATE OF J&K

JUDGEMENT

(1.) Petitioners, serving as Medical Officers in department of Health and Medical Education found tables turned on them when their application forms for post of Deputy Medical Superintendent in Government Medical College Srinagar came to be rejected on the ground that petitioner No.1 did not possess requisite experience on cutoff date and held Degree in Hospital Administration from an unrecognized Institute and that the petitioner No.2 held a Degree in Hospital Administration from an Unrecognized Institute. The grounds of rejection are said to be violative of Rules and Regulations under the University Grants Commission. It is submitted that the petitioners have submitted the experience certificate from competent authority as required.

(2.) It is further submitted that the Post Graduate Degrees of petitioners have been respectively issued by Osmania University and DAV Indore (M.P.) which are prestigious Institutes and petitioners have been appointed as Assistant Surgeons on the recommendation of Public Service Commission (PSC) on the strength of such Degrees. Aggrieved of their rejection of applications petitioners have approached this Court assailing the impugned order dated 19.12.2011 passed by respondent No. 3.

(3.) Respondents have contested the petition on various grounds. It is pleaded that on requisition received from Health and Medical Education Department one post each of Deputy Medical Superintendent in Government Medical Colleges at Srinagar and Jammu were notified vide notification No. 01-PSC of 2011 dated 07.01.2011 with following eligibility criteria: