MASARAT JEHAN Vs. STATE OF J & K

JUDGEMENT

(1.) Through the medium of this petition, filed under Article 226 of the Constitution of India read with Section 103 of the State Constitution, the petitioner is seeking the following relief(s) in her favour:

(2.) The petitioner contends that she has been appointed as a Medical Officer in the respondent Department in June, 2014 and by virtue of order dated 2nd of July, 2014 was sent on inter-cadre deputation in the Government Medical College, Srinagar. Thereafter, vide order dated 7th of July, 2014, the petitioner was posted as Medical Officer. It is stated that by notification No. 03 of 2019 dated 13th of June, 2019, issued by the respondent No.3, applications have been invited for tenure posts of Registrars/ Demonstrators in different disciplines have been advertised, including the discipline of Anatomy, from the eligible (in-service/ Non-PSC doctors) candidates. It is stated that the eligible in-service doctors, possessing the requisite qualification, are required to submit their application forms with NOC from their parent department as reflected in the conditions prescribed in the advertisement notification. It is contended that the petitioner, being eligible, submitted her application form against the tenure post in the discipline of Anatomy before the respondent No.3, but without NOC from his parent department on the ground that the respondent Nos. 1 and 2 did not issue the same in her favour and that the respondent No.3 accepted the application form of the petitioner against the said tenure post because the petitioner, being on inter-cadre deputation, was already working under the control of respondent No.3, therefore, there was no need to seek NOC from the petitioner in such eventuality.

(3.) The grouse of the petitioner, at this stage, is that since the respondents are contemplating to conduct the interview for the posts in question and, therefore, she is seeking a direction in the name of the respondent No.3 to allow her to compete in the process of selection for the post of Demonstrator in the discipline of Anatomy, notwithstanding the issuance of NOC in her favour by the respondent Nos. 1 and 2 and, thereafter, appoint the petitioner in her respective discipline on the basis of her merit.