KOUSHAL KUMAR KHAJURIA Vs. STATE OF J&K

JUDGEMENT

(1.) Jammu and Kashmir Public Service Commission (hereinafter referred to as "Commission") issued Advertisement notice, being No. 09/PSC of 2010 dated 26th August 2010, inviting applications from eligible candidates, amongst others, for four posts of Lecturers, Pediatrics, in Government Medical College, Jammu, with the following breakup:

(2.) Appellant's case was that respondent Commission had not advertised a single vacancy under ALC Category since 20th June 1994, when J&K Reservation Act, 1994 came into force. He insisted that as many as 14 posts of Lecturers in Paediatrics were advertised by Commission from time to time till 26th August 2010 i.e. date of the Advertisement Notice in question and four more posts were being advertised vide aforesaid Advertisement Notice making total number of posts of Lecturers, Paediatrics, advertised 18 and that one of the four posts advertised was, therefore, to be set apart for ALC Category. It was pleaded that Lecturer in Paediatrics like other disciplines, was a State Cadre post in terms of J&K Medical Education (Gazetted) Service Recruitment Rules, 1979, and for the purposes of Act of 2004 and Rules made thereunder, faculty in. Government Medical College, Srinagar, and Government Medical College, Jammu, formed one cadre and share of different categories was to be worked out accordingly. Appellant labeled Government Order No. 123-HME of 2006 dated 3rd March 2006, whereby cadre was bifurcated, as violative of J&K Medical Education (Gazetted) Service Recruitment Rules, 1979. Appellant on the strength of averments made in the petition, sought quashment of Advertisement Notice No. 09/PSC of 2010 dated 26th August 2010 as also Government Order No. 123-HME of 2006 dated 3rd March 2006 and a writ of Mandamus, commanding respondents to earmark one of the four advertised posts of Lecturers in Paediatrics for ALC Category and consider his candidature under said Category.

(3.) Respondents resisted writ petition on the grounds that in terms of Government Order No. 123-HME of 2006 dated 3rd March 2006, Lecturers Cadre in various disciplines in two Government Medical Colleges of the State stood bifurcated and share of the Reserved Categories as also Open Merit Category was to be worked out on the basis of cadre strength in respective Government Medical Colleges. It was pleaded that seniority and roster of Lecturers in different disciplines was maintained separately for Government Medical College, Srinagar, and Government Medical College, Jammu and 10th post would go to ALC Category in Government Medical College, Jammu, only after nine posts were filled up from other categories in terms of Act of 2004 and Rules made thereunder.