JYOTSANA LAMBA Vs. STATE OF J&K

JUDGEMENT

(1.) SELECTION of respondent -7 as Registrar in the Department of Gynaecology and Obstetrics in Medical College, Jammu vide order No. 456 of 2004 dated 6.7.2004, is in question in the present petition. The Government Medical College, Jammu issued Advertisement Notice No. 3 vide his No. JMC/Estt/GD/109/90 dated 19.01.2004 inviting applications for the tenure post of Registrar for a period of three years in the pay scale of Rs. 8000 - 13500 lying vacant in the four departments indicated in this notice. The conditions of eligibility were specified in the advertisement notice. Conditions 1 and 2 are relevant for the purpose of present controversy. The same are noticed as under:

(2.) PETITIONER and respodent -7 both applied in response to the aforesaid notification alongwith some other candidates. As per averments made in the petition, total 13 candidates applied in the discipline of Obstetrics & Gynaecology against five available vacancies . Petitioner and 11 other candidates were found eligible. They were issued interview calls and were accordingly interviewed on 11.5.2004 by Selection Committee comprising respondents 3 to 6. It is alleged that after the interview, the candidates were informed of their merit and petitioner figured at Serial No. 1 in the merit list. However, the result of selection was not declared. It is further alleged that the result was delayed with the sole object of adjusting rerspondent -7. The result was finally declared on 28.6.2004 when 6th vacancy of Registrar in the said discipline also became available. According to petitioner, respondent -7 was ineligible at the time of making application and continued to be so even at the time of declaration of result and her selection as Registrar. Respondent -7 completed her M.D. in Obst and Gynae on 24.7.2002 on declaration of result by the University of Jammu. Copy of the result notification is placed on record. Petitioner also qualified in the same notification. Petitioner was at Serial No. 10 whereas respondent -7 was at Serial No. 11 of the notification. They were declared pass . After the declaration of the result, respondent -7 came to be appointed vide impugned order dated 6.7.2004.

(3.) THE challenge to the selection of respondent -7 is, firstly on the ground that she had not completed two years of service as Assistant Surgeon after acquiring Post - graduation qualification. The other ground is that against five advertised posts, five candidates who were eligible, were selected and respondent -7 has been appointed against the 6th vacancy, which became available only on 28.6.2004 and this vacancy was never advertised. But the respondent -7 has been adjusted against 6th vacancy. It is further stated that petitioner and respondent -7 are similarly situated and the petitioner having better merit in the selection process, she had preferential right to be appointed as Registrar. Accordingly, besides seeking quashment of appointment of respondent -7 made vide order No. 456 of 2004 dated 6.7.2004; a further direction is sought to declare the result of selection of the petitioner on the basis of her merit and consider her appointment against the 6th post of Registrar which has fallen vacant on 28.6.2004.