KAMAL SINGH CHOUHAN Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioner is an in -service Doctor and has done his post Graduate Diploma in Radio Diagnosis and Imaging from Medical College, Jammu, and is working against the post of Radiologist, District Hospital, Doda. An advertisement notice was issued by respondent No: 2 on 10 -3 -1993 inviting applications for appointment to various tenure posts of Registrars in different disciplines including the discipline of Radio Diagnosis and Imaging. The petitioner was declared successful in the selection, but his appointment order was not issued. Accordingly, he filed a writ petition (being SSWP No: 145/1994) before this Court.

(2.) SINCE no appointments were made, the respondent No:2 issued second advertisement notice on 8 -4 -1994, by which applications were again invited for appointment to tenure posts of Registrars in different departments including the department of Radio Diagnosis and Imaging. The petitioner in response to the said advertisement notice, again applied for appointment to the tenure post Registrar in the department of RadioDiagnosis and Imaging. According to the petitioner, he was again selected, but his appointment order was not issued.

(3.) THE respondents, however, on 3 -9 -1994, issued another advertisement notice, again inviting applications for appointment to the posts of Registrar in different departments including the department of Radio Diagnosis and lmaging. The petitioner has challenged this advertisement notice also through the medium of writ petition{being SSWP No:238/1994) and sought issuance of Mandamus by this Court that since he was selected during the earlier two selections, therefore, respondents should be directed to appoint him as Registrar. Since in both the writ petitions i.e. SSWP No:145/ 1994 as also SSWP No:238/1994, similar controversy has been raised, therefore, both these petitions will be decided by this common order. The respondents have filed their counter.