NAHIDA NAZIR NAHVI Vs. STATE

JUDGEMENT

(1.) By this petition, petitioner seeks writ of mandamus commanding the respondents to admit and enroll the petitioner for M.D. degree course in the discipline of Pathology and Bacteriology on the anology on which Demonstrators of the Government Medical College Srinagar, similarly situated with the petitioner have been enrolled/admitted and registered, with further writ of mandamus commanding the respondents to grant and extend all such facilities, to which the petitioner is entitled to as a registered post-graduate student and to complete all the formalities essential or incidental to the convenient pursuit of M.D. course in the said disciplines.

(2.) The facts in brief which have given rise to the present petition are that the petitioner has been appointed as Field Demonstrator in the discipline of Microbiology in the Government Medical College, Srinagar vide order No. GS/1579-1601/ MC dated 4-4-1991 and that the petitioner is continuing and working in the Department of Pathology and Microbiology till date. Petitioner has further submitted that one Dr. Naseema Chanda and Dr. Rubi Reshi quite alike the petitioner were appointed as Demonstrators in the discipline of Pathology in Government Medical College, Srinagar vide order No. DS/ACAD/ D/2859-89/MC dated 12-12-1990 and as a matter of long practice in the Department, the Demonstrators completing one year as such would as a matter of course be registered for pursuit of studies in the discipline of Pathology and Bacteriology and this policy, is purported to have been based on a resolution purported to have been passed which finds its place in the minutes of the meeting of board of Post-graduate Studies in Medicine held on 20-3-1989 in the office chamber of the Dean, Faculty of Medicine, Government Medical College Srinagar, and a policy decision was taken which finds its place at item No. 6 of the minutes of the meeting which reads :

(3.) Ld. counsel further projects that on the anology of Dr. Naseema Chanda and Dr. Rubi Reshi who had filed a writ petition (OWP No. 893/1992 and CMP No. 1639/ 1992) for being considered/admitted to the discipline off Pathology for post-graduation, The said writ petition seems to have been allowed by one of the benches of this Court, on 16-11-1992. In the said writ petition both the doctors (petitioners) had projected their claim as being similarly situated with Dr. Munir Ahmad Laherwal and Dr. Nazir Ahmad Wazir, as such, they be admitted and considered in the discipline of Pathology for M.D. course.