SOURAV SHARMA Vs. STATE OF J&K AND ORS

JUDGEMENT

(1.) The petitioner, who is working as Dental Surgeon at PHC, Ajote Block Mandi, District, Poonch has filed the present writ petition, seeking quashing of the orders dated 25th October, 2014 and 25th October, 2015. Further prayer has been made for consideration of his candidature for appointment as Registrar in the discipline of Oral Surgery in Indira Gandhi Government Dental College/Hospital, Jammu (for short, 'the Dental College') w.e.f. 25th October, 2014.

(2.) Learned counsel for the petitioner submitted that the petitioner after completing his BDS Course had joined MDS Course. When the petitioner was undergoing his MDS Course, he was selected and appointed as Dental Surgeon on 21st May, 2012. He joined his duty as Dental Surgeon on 06th April, 2014. An advertisement was issued on 19th May, 2014, inviting applications from both inservice Dental Surgeons and other doctors for selection to the post of Registrar in the Dental College. This included two posts in the discipline of Oral Surgery. The advertisement provided the conditions of eligibility. An inservice candidate should have completed two years of service in the Health Department and further permission of the Administrative Department was required to participate in the selection process. The petitioner submitted his application to Chief Medical Officer concerned for onward submission to the authorities with no objection by the department. The same was forwarded by the Chief Medical Officer, Poonch to the Director Health Services, Jammu vide letter dated 24th May, 2014. While the process of selection was still pending, on account of discrepancy in the conditions laid down in the advertisement, fresh advertisement was issued on 14th June, 2014 with the same conditions. It was specifically provided therein that the candidates, who had applied earlier need not apply.

(3.) It was further submitted that the petitioner came to know about the appointment of respondent No. 8 through press on 28th August, 2014. Thereafter, he filed an application under Right to Information Act, 2009 (for short, "the RTI Act"), seeking information as to whether both the posts of Registrar in Oral Surgery have been filled up and further supply the petitioner copies of the experience certificates of the candidates appointed. The same was replied to vide letter dated 08th October, 2014, mentioning that Dr. Amina Samoon was engaged, but she did not join. The communication further provided that there was no need of experience of two years for inservice candidates as only one year experience was required. Thereafter, fresh advertisement was issued on 06th August, 2015, which included the post of Registrar in Oral Surgery. After the aforesaid advertisement was issued, no select list was published. The petitioner applied for information under the RTI Act. The information supplied was that respondent Nos. 5 to 7 were engaged pursuant to advertisement notice dated 06th August, 2015, however, the details of marks secured by them were not provided. It further transpired that respondent No. 3 had been engaged pursuant to advertisement notice dated 14th June, 2014. The information was contrary to what was supplied earlier when the petitioner was informed that only one candidate had been selected. The marks secured by the respondent No. 3 were 54, whereas the petitioner had secured 69.5 marks, hence was more meritorious.