SHAFIQA BANO Vs. STATE OF J&K AND OTHERS

JUDGEMENT

(1.) Dr. Shafiqa Bano, claims that she belongs to the Scheduled Tribe Category. She also contends that she has a degree of MBBS to her credit and on the strength of this degree she was appointed as an Assistant Surgeon in the Department of Health and Medical Education Department in the year 1992. She has proceeded to state that she passed the Post-Graduation Course in the field of Gynaecology and Obstetrics from the University of Kashmir and in April 2003, she was appointed as Registrar, Government Medical College, Kashmir whereafter she has been holding the post of a B-Grade Gynaecologist. It is further averred that under the J & K Reservation Act, 2004, as well as the Reservation Rules, 2005, a provision has been made for the reservation in appointment for the Scheduled Tribe Candidates. The reservation for the Schedule Tribe has been provided for the first time in the year 1991-1992 in respect of all the services and since the date of this provision, no candidate under the Scheduled Tribe Category has been appointed as a Lecturer in the Department of Gynaecology and Obstetrics in Govt. Medical College, Jammu.

(2.) It has further been pleaded in the petition that the J & K Public Service Commission (respondent No.2) issued an Advertisement Notification bearing No.16-PSC of 2005 dated 13.10.2005 whereby applications were invited for five posts of the Lecturers in the Department of Gynaecology and Obstetrics in the J & K Medical Education Department out of which, two posts had to be filled up under the Open Merit Category and one each under the RBA, SC and the ALC categories respectively. However, to the utter dismay of the petitioner, no post for the Scheduled Tribe Category was advertised under and in terms of the aforesaid Notification. The maximum age limit of the candidates, who were eligible for these posts and were already in the Health and Medical Education Department, was fixed at 45 years.

(3.) Aggrieved by the action of the respondents in not reserving any post under the ST category, the petitioner was constrained to file a petition before this Court, bearing SWP No. 1610/2005. This Court by an order dated 21.10.2005 passed in the said petition, directed the respondents to file the objections/affidavit, giving details of the vacancy position particularly in light of the vacancies of the Lecturers in the Discipline of Gynaecology and Obstetrics for ST Category and the petitioner was also directed to apply under the ST category. The petitioner submitted an application under the said category on 27.10.2005 and was interviewed for the post.