GH MOHD NAIKOO Vs. STATE OF J&K

JUDGEMENT

(1.) APPLICATIONS from in -service Jammu and Kashmir Medical (Gazetted) Service doctors were invited for two years tenure position of Registrars/Demonstrators in the various disciplines which include Surgery. Petitioner has applied, interviewed but did not figure in the selection list. He, however, figured at serial No. 5 in the merit list. First four candidates were selected and were required to produce two years probationary period completion certificate.

(2.) ACCORDING to petitioner there were six posts of Registrars/Demonstrators in the discipline of Surgery, but for ulterior reasons only four doctors were selected when the petitioner has every right of selection. According to petitioner four candidates selected were not otherwise eligible and in case only four candidates were to be taken, still petitioner figured at serial no.5 should have been selected.

(3.) DURING the pendence of the writ petition, petitioner had sought direction for being considered against one post of Registrar in the discipline of Surgery. Same was granted in view of the communication No. ACD /6836/MC dated 22.01.2008 addressed by Principal, Government Medical College, Srinagar to the Secretary to Government Health and Medical Education Department, Jammu wherein it is recorded that orders in respect of four candidates as against five vacancies were issued. One Dr. G. M. Naikoo, was one of the candidates for the post, who did not figure in the selection list. Pursuant to one more communication bearing No. ACD/6873/MC dated 23.01.2008 addressed by Principal Government Medical College, Srinagar to the Director, Health Services, Kashmir, wherein it has been cleared that out of four candidates, only two have joined after fulfilling the eligibility requirements. Dr. Naikoo, stands next in the merit after the selected candidates but for consideration was asked to produce completion of two years probationary certificate.