CHANDER LEKHA Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) By this common Judgment, I propose to dispose of both the petitions together.

(2.) The facts and the controversy in both the petitions, being same may be briefly stated. The petitioner completed her M.D. Course in Obstetrics and Gynaecology and appeared in the examination in September, 1989 at Srinagar from Medical College, Srinagar under the University of Kashmir. Eleven other candidates, whose names are mentioned in para 2 of the petition (OWP No. 800/93) also appeared alongwith the petitioner in the said examination. She was relieved by the Principal / Dean, Govt. Medical College, Srinagar on 14-9-1989 after the completion of her appearance in the said examination and was directed to report to the Director, Health Services for fresh posting, as is evident by the certificate issued on 14-9-1989 (Annexure-A). Various other formalities followed thereafter including the communication to Deputy Registrar (Academics), University of Kashmir, Srinagar. This is one part of the story.

(3.) Jammu and Kashmir Public Service Commission issued Notification No. 16-PSC of 1992 dated 22-7-1992 inviting application from eligible candidates for some posts of B-Grade Specialists in Obstetrics and Gynaecology . The last date for receipt of application forms was 31-8-1992 . Obviously , one of the basic eligibility criteria for applying was the possession of Master's Degree in Obstetrics and Gynaecology by the candidates before the last date fixed for the receipt of applications. The petitioner in pursuance to this Advertisement Notification admittedly submitted her application before 31-8-1992, saying that she is possessing the qualification of M. D. but that her Degree will be submitted later. Since she could not submit the Degree in time and because the Commission would not consider her case appropriately, she filed SSWP No. 1/1993 and this Court, vide its order dated 10th March, 1993 issued an ad interim direction permitting the petitioner to appear in the interview provisionally. For ready reference, this order is reproduced as under: --"Issue notice of show cause to respondents 2 and 3 in the first instance, returnable within two weeks. Petitioner to furnish registered covers and may serve them 'Dasti' also.Issue notice in the CMP also. It is submitted that petitioner has successfully completed her MD Course in Gynaecology, but her original Degree has not yet been issued by respondent No. 3. She being candidate for the post of B. Grade Specialist cannot appear in the interview for want of the original degree. It is prayed that the respondents be directed to allow her to appear in the interview and her result be made subject to production of original degree. The prayer made is reasonable and I order accordingly.List after the service is complete."