SHYAM SINGH Vs. PUBLIC SERVICE COMMISSION, J&K

JUDGEMENT

(1.) MR . R.A. Jan, learned counsel for impleaded party (respondent no.4) has raised objection about the maintainability of this petition and seeks its disposal by holding it to be premature. Learned counsel for parties were heard on the issue of maintainability of this writ petition which is being answered in this order.

(2.) FOR the purpose of disposal of issue of maintainability of this petition some facts pleaded by the parties require to be noticed. Petitioner filed a writ petition before this Court in which he has sought following reliefs: "1. That by issuance of a writ of certiorari the criteria applied by the respondent no. 1, for the process of selection for filling up the post of lecturer Cardiothoracic Surgery may be quashed. 2. Any by issuance of a writ of mandamus the respondents be directed to follow the criteria for filing up the said post in strict compliance to Medical Council of India Act and J&K State Medical Council Act and in consequence to same allow only such candidates to compete the process of selection who have M.Ch Degree which is recognized by the Medical Council of India and have M. Ch degree registered in State Medical Register under J&K State Medical Council Act. The respondents be restrained from allowing the respondent No.3 and other similarly situated candidates to compete the process of selection because of their ineligibility.

(3.) A writ of Mandamus be also issued whereby the respondents 1 and 2 be directed to take a decision on the said issue in light of legal position above explained." Case set up in the writ petition is that a post of lecturer in Cardiothoracic Surgery was referred by the Government to Public Service Commission for making the selection to the said post. Public Service Commission, accordingly, issued notification No. 02 -PSC of 2007 dated 06lh of March, 2007 in which above referred post was also advertised. The required qualification as also experience was mentioned in the advertisement notification. Earlier the said post was advertised by Public Service Commission vide notification No. 3 -PSC of 2006 dated 20th of February, 2006 under RBA category. The petitioner approached this Court seeking reliefs reproduced herein above. This writ petition was taken up for consideration on 26th of April, 2007 notice was issued to Mr. Azha -ul -Amin, AAG standing counsel for Public Service Commission. It was directed that subject to objections of other side, the selection process may continue, however, till next date the list of selected candidates may not be formally issued. 3. During the pendency of writ petition one Dr. Ishtiyaq Ahmad Mir filed an application seeking impleadment as party respondent. Application was allowed by this Court vide order dated 18th of October, 2008 doctor was impleaded as respondent and figures at serial No. 4 in the array of respondents. The writ petition was admitted to hearing on 18th of October, 2008. Mr. Azhar -ul -Amin, AAG made a statement that objections already filed be treated as counter. Mr. A.M. Magray, AAG appearing for State respondents made a statement that objections filed by respondent no. 1 be treated as counter on his behalf as well. This Court in terms of said order directed for listing of this case for final disposal in the admission column. In the meanwhile, objections were also filed by Mr. R.A. Jan on behalf of respondent no.4.