JAVED CHOUDHRY Vs. STATE OF J&K

JUDGEMENT

(1.) THERE is a dispute between the appellant (herein after to be referred as Dr. Javed Choudhary) and respondent No.3 (hereinafter to be referred as Dr. Rekha) with regard to their seniority.

(2.) IT appears that appointment were made through Public Service Commission for the posts of Lecturers in the discipline of paediatrics. Both Dr. Javed and Dr. Rekha were candidates. Selection was made and an order of appointment was issued by the Government bearing Government Order No. 41 -HME of 1991 dated 9 -1 -1991 and both Dr. Javed and Dr. Rekha were appointed as Lecturers. In the order of appointment Dr. Rekha was shown as number 1 and Dr. Javed as number 2. Another Dr. Kaisar Ahmed was also appointed by the same order and was shown as No.3 in the order of appointment.

(3.) IT is presumed by us and by the parties that the order of appointment was issued on the basis of the merit obtained by the candidates during their selection.