SANA Vs. STATE OF JAMMU & KASHMIR

JUDGEMENT

(1.) The short grievance projected by the petitioner in this petition is that she after completing MBBS Course, competed for admission to the Post Graduate Course (for short "PG"). On the basis of her merit, petitioner was admitted in the Department of Gynaecology and obstetrics for undergoing three years MD Course vide Order No. SIMS/ACAD/343 of 2018 dtd. 5/7/2018 issued by SKIMS, Soura, Srinagar. The petitioner claims that since her admission in the MD Course in the May, 2018, she has been pursuing her three years Post Graduate Course. While the petitioner was undergoing the aforesaid Post Graduate Course in the SKIMS, Soura, she came to be appointed as Medical Officer vide Government Order No. 49-HME of 2019 dtd. 14/1/2019 and was thereafter adjusted as Causality Medical Officer in the Government Medical College, Anantnag. The petitioner claims that in compliance to the order, she has joined on the appointed post on 24/1/2019.

(2.) The petitioner submits that since she is already pursuing her PG Course in the SKIMS, Soura and is performing the duties akin and similar to that of Medical Officers, she would be permitted to pursue her PG Course by treating her to be on deputation. She also claims the benefits as are available to regularly appointed employees on deputation to the other service/cadre. She has cited some examples to make good her point that the Government from time to time had been showing indulgence and permitting the candidates like the petitioner to complete their PG course by treating them on inter cadre deputation.

(3.) Mr. Shah Aamir, learned AAG who represents the respondents was incidentally present in the Court and was asked to assist in the matter. Mr. Shah Aamir, learned AAG submitted that the petitioner was appointed as Medical Officer/Causality Medical Officer subsequent to her admission in the PG Course in the SKIMS, Soura, Srinagar and therefore, the petitioner cannot be permitted to sail in two boats. She may have to choose between the two. The appointment on the post of Causality Medical Officer in the Government Medical College is a permanent appointment and Government employee while being in the employment of respondents cannot be permitted to pursue his or her academic /professional pursuits.