WAJID ALI Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONER Dr. Wajid Ali is substantively holding the post of Additional Professor, Neonatology in the SKIMS, Srinagar (the Institute). One post of Professor in the department of Neonatology, alongwith posts in other disciplines has been advertised by the Institute vide advertisement notices no. 2 of 2006 dated 31.5.2006 and no. 2 of 2007 dated 6.10.2007. The petitioner also applied. He was asked to remain present before the Apical Selection Committee on December 27, 2007 for a decision in the matter of his candidature for the post.

(2.) PETITIONER is aggrieved that the respondents have not found him eligible for the post as such he has not been interviewed. He has through the medium of the present petition prayed for a writ of mandamus directing the respondents to convene meeting of the Apical Selection Committee, interview and consider him and appoint him on the post.

(3.) THE respondents have filed their reply stating therein that the qualification prescribed for the post(s) is post -graduate qualification e.g. MD/MS, as recognised by the Medical Council of India. It is stated that the petitioner was awarded Degree of MD (Paediatrics) by Kashmir University through Govt. Medical College Srinagar. He applied in response to the advertisement notice no. 2 of 2006 dated 31.5.2006 read with notice no. 2 of 2007 dated 6.10.2007. The screening committee of the Institute which screened applications for Faculty position in various disciplines observed that MD (Paediatrics) awarded to the petitioner is not recognized by Medical Council of India. Accordingly he was advised to submit recognition certificate within a weeks time failing which it will be presumed that his Degree is not recognized by the Medical Council of India. Petitioner did not respond, however, he was still advised to be available on December 27, 2007 at the venue of the interview for a decision in the matter of his candidature for the post. Heard, I have considered the matter.