MOHD ASHRAF BHAT Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONER Dr. Mohammad Ashraf Bhat S/o Abdul Aziz Bhat R/o Zaldagar, Srinagar has through the medium of present petition filed under Article 226 of the Constitution of India read with Section 103 of the Constitution of Jammu and Kashmir questioned the legality of the appointment of Respondent No: 3 Dr. S. Jalal, as the Director, Sher -i -Kashmir Institute of Medical Sciences, Soura, Srinagar.

(2.) VIDE advertisement notice No. DIP/J -2486 dated 06.12.2004, respondent No. 1 invited applications from eligible candidates for the post of Director, Sher -i -Kashmir Institute of Medical Sciences, Soura, Srinagar (for short the SKIMS). Besides other qualifications, the advertisement notice required that the candidate should be of 50 years age and must have extensive administrative experience of over 5 years in responsible capacity in the field of Hospital Administration or medical Education.

(3.) PETITIONER alongwith other eligible candidates applied. A Selection Committee was constituted to select a suitable candidate for the post. The petitioner also appeared before the Committee but has not been selected instead Respondent No. 3 Dr. S. Jalal, Professor & Head, Department of Cardiology has been selected and appointed vide order No. 802 -GAD of 2005 dated 11.07.2005. The petitioner is aggrieved of the same and has challenged the same on various grounds inter -alia that respondent No. 3 (Professor S. Jalal) was not possessing the requisite qualification as prescribed by the advertisement notice, that his appointment has not been made in accordance with the rules and that the appointment has not been approved by the Governing Body of the SKIMS.