NEERU SHARMA Vs. STATE

JUDGEMENT

(1.) THE petitioner has questioned the selection of respondent Nos. 3 to 13 as Dental Surgeons, by the Jammu and Kashmir Public Service Commission, Srinagar, held pursuant to Notification No. 5 -PSC of 1999 dated 4.8.1999, inviting candidates possessing minimum qualification of Bachelors Degree in Dentistry (BDS), for selection against Twenty Eight posts of Dental Surgeons, in the Health and Family Welfare Department of the State Government, on the ground that the petitioners merit has been converted into de -merit by the Public Service Commission, evaluating the merit of the candidates only on the basis of their performance in the interview, relying on Rule 51 of the Jammu and Kashmir Public Service Commission (Conduct of Business and Procedure) Rules, 1980, which had been struck down by a Full Bench of this Court in Dr. Inder Parkashs case.

(2.) MR . D.C.Raina, learned Senior Counsel, appearing for the Jammu and Kashmir Public Service Commission, hereinafter to be referred as "the Commission", for short, submitted that the final verdict on Rule 51 of the Jammu and Kashmir Public Service Commission (Conduct of Business and Procedure) Rules, 1980, was delivered by Honble Supreme Court of India in Inder Parkash Gupta v. State of Jammu and Kashmir and others, reported as (2004) 6 SCC 786, in terms whereof the selections made prior to the Judgment had been saved, in that, Rule 51, in terms of the Judgment, had to be recast for further selections. Producing a short note indicating the merit of the petitioner and respondent Nos. 3 to 13, on the basis of the Public Service Commission records, learned counsel supported the selection made by the Commission urging that the petitioners plea that her merit had been turned into de -merit by the Commission, was not tenable, in that, the records would not support the petitioners plea.

(3.) I have considered the submissions of learned counsel for the parties and gone through the judgment in Inder Parkash Guptas case (supra).