AB RASHID BADOO Vs. STATE

JUDGEMENT

(1.) THE controversy in this case lies in a very narrow compass. The facts are not disputed. The dispute is only regarding the interpretation sought to be put by the petitioner upon the nature of his appointment and the requirement as contemplated by the Appointing Authority.

(2.) THE facts first. The J&K Public Service Commission issued advertisement notification NO. 54 -PSC of 194 dated 8th March 1994 inviting applications for the posts of lecturer in Orthopaedics in the Health and Medical Education Department. Against the column of qualification and experience, the advertisement notification prescribed as under: - "Qualification M.S.(Ortho): M.Ch (Ortho) specially Board Of Orthopaedic Surgery (USA) or equivalent qualification. Experience As Registrar/Tutor, Demonstrator/Tutor or a Sr. Resident for a period of two years in Orthopaeditic in a recognised medical institution recognised by the Medical Council of India or University of Kashmir/Jammu,"

(3.) THE last date for receipt of applications was 22nd April 1994. In the advertisement notification it was also clearly mentioned that 22nd April 1994, the last date for receipt of application shall be the cut -off date for determining the eligibility, experience, improvement in the qualification marks etc. This condition reads as under: -"The last date for the receipt of applications Viz. 22 -4 -94 shall for all purpose be the cut off date for determining the eligbility, experience, improvement in the qualification marks, additional qualification, distinction in sports NCC, if any, acquired by the candidate after the last date fixed for receipt of applications shall be taken into account nor give any credit."