PARADEEP KUMAR KHAJURIA Vs. STATE

JUDGEMENT

(1.) ALL these writ petition involve identical questions of fact and law and are being disposed of by a common judgment. Out of these, Some writ petitions were not listed on the day the subject matter of controversy was considered. But taking in regard that the points in issue were identical, therefore, record of other petitions was also summoned for disposal by a common judgment.

(2.) PETITIONERS were selected by the Public Service Commission (PSC) for the post of lecturer in Medical Education service. Pursuant thereto they were appointed to the post of lecturer in Govt. Medical College, Srinagar, by various Govt. orders. The writ petitioner in S W P No. 910/93 was appointed as lecturer, blood bank by Govt. Order No. 494 -HME of 1994 dated 26. 7. 1994; Petitioners in SWPs 905/94 and 908/94 were appointed to the post of Lecture in Pathology Govt. Order No. 495 -HME of 1994 dated 21.7.1994 Petitioner in SWP No 935/94 was similarly appointed as lecturer in Forensic Medicine by Govt. Order No. 495 -HME of 1994 dated 26.7.1994 ; petitioners in SWP 992 /94 and SWP999/94 were appointed to the post of Lecturer in surgery by Govt. Order No. 533 -HME of 1994 dated 11.8.94; and lastly petitioners in SWPs 1220/94 and 1228/94 were appointed as lecturers in pharmacology by Govt. Order No. 14 -HME of 1994 dated 10.10.1994 . The appointment orders of all the petitioners were made subject to certain conditions one of which provided as under:

(3.) PETITIONERS case in short is that they are unable to join at Srinagar Medical Collage because of the disturbed conditions in the Kashmir Valley and because of danger to their life due to the ongoing terrorist activities there. They claim on this basis that they cannot be compelled to join at Srinagar Medical Collage as they have to undertake a public dealing in the very nature of duties which is likely to expose their life to danger. It is further contended that several other doctors similarly situated like Dr. Paramjit singh (orthopeadician), Dr. Praduman Gupta and Dr. Kulbhushan Krishen, Dr. K.K. Banotra and Dr. Bharat Bhuhan Kapoor (Anasthaesia), Were adjusted in the Jammu Medical Collage and that they also deserved similar treatment. Lastly, it is pointed out that they had made a representation for their adjustment in the Jammu Medical Collage which was yet to be disposed of by the state respondent.