YASHPAUL GUPTA Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONER seeks writ of mandamus against the State to appoint and post him as professor of Medicine in the Medical College, Jammu and wants a further command in respect of payment of emoluments and salary from the date of his selection i.e. January 1974 and for quashing the order of suspension. His case is as follows:

(2.) PETITIONER holds a degree of Doctor of Medicine from Nagpur University and he has many publications to his credit on the Subject. He is said to have obtained a fellowship from International College of Angiology from U.S A. He is said to have served the Medical College Nagpur and in the year 1968 he was appointed as a physician by the respondent in SMGS Hospital, Jammu. Thereafter he is said to have been appointed as Assistant Professor in Medical College, Srinagar. Later on he is said to have been appointed as ËœAâ„¢ grade physician Specialist. Petitioner was working as such till 1974. A notification is said to have been issued on 3.11.1973 for the posts of Professors in the scale of 1200 -1900 plus Rs. 400/ - as non practicing allowance in the number of specialities. A selection committee was already set up for selecting the suitable candidates. The selection committee consisted of eight persons who are mentioned in para 6 of the writ petition. Criteria for selection was also laid down by the respondent -which was to be followed by the selection Committee.

(3.) PETITIONER is said to have appeared before the selection Committee for being appointed as professor in the Medical College, Jammu. Petitionerâ„¢s name was not mentioned in the selection list though he said to have faired well in the interview which was conducted for selection of professors. One Dr. Bal Krishan, Assistant professor, post Graduate, Institute of Medical Science, Chandigarh was appointed as professor of Genera! Medicine, but he is said not to have joined the post which is still vacant. Petitioners case is that he was positively selected by the selection committee and he was entitled to be appointed as professor. Respondents have committeed illegality and irregularity in not appointing him as professor. Dr. Raj Nath Bhatâ„¢s appointment as professor is said to have been made contrary to the rules and without the sanction of Medical Council of India. The said Doctor was transferred to Srinagar alongwith his post on 14 -8 -1978.