PRAKASH KOUR Vs. SKIMS AND ORS

JUDGEMENT

(1.) By the medium of this LPA, the appellant has assailed the order dated 09th of May, 2017 of the writ Court, passed in SWP No. 1810/2013 on the premise that the learned writ Court, while rendering the impugned order, has erred in law, inasmuch as, it has not appreciated the well settled proposition of law that a vacancy is required to be filled in accordance with the rules in force on the date it becomes available.

(2.) It has further been pleaded in the appeal that, admittedly, the vacancy of the Lecturer Nursing, in the present case, became available in the year 2011 and the selection process was initiated in terms of Sher-i-Kashmir Institute of Medical Sciences Gazetted Recruitment Rules 1998 (for short Recruitment Rules, 1998). Therefore, it was not legally permissible in law for the respondent SKIMS to abort the process of selection, which had already been initiated and begin a process to fill up the post in pursuance of the Amended Rules of 2013, although the amended rules clearly stipulated that the amendment shall have a prospective effect. It has further been stated that in view of the above, the impugned judgement suffers from an error. It cannot sustain in the eyes of law and is liable to be set aside.

(3.) It is further stated in the appeal that the petitioner-appellant has the right of consideration, vested in her by law, for being promoted by way of selection from amongst the eligible Senior Clinical Instructors and although the process for considering the selection of all eligible candidates was initiated, yet the action of the respondent SKIMS in abandoning such process in the middle of things by taking recourse to the Amended Rules, is not only violative of the fundamental right of consideration guaranteed to the petitioner appellant under article 16 (1) of the Constitution of India but is also against the mandate of law declared by the apex Court on the subject. It has also been averred that the impugned order dated 09-05-2017, in the given legal and factual scenario, is invalid and as a sequel thereto, it is bad and unsustainable in law. In the end, it has been prayed that the appeal be accepted and the impugned judgement dated 09-05-2017, of the learned writ Court, passed in SWP 1810/2013, be set aside and the writ petition be allowed in terms of the reliefs prayed therein.