AEZAZ AHMAD BHAT Vs. STATE

JUDGEMENT

(1.) Heard learned counsel for the caveator.

(2.) Petitioners on competing the process of selection against the post of Medical Officers advertised in terms of advertisement notice No. 12-PSC (DR-P) of 2018 dtd. 15/10/2018, issued by Jammu and Kashmir Public Service Commission, are appointed as Medical Officers in the Health Department in terms of Government order No. 49-HME of 2019 dtd. 14/1/2019. Petitioners as stated have been admitted in various Government Medical Colleges/Institutes for undergoing PG Course in various disciplines and some of the petitioners are claiming to have been appointed for tenure appointments as Registrarship/Senior Residency/Demonstratorship in the Government Medical Colleges/Institutes. It is stated that all the petitioners herein are in different years of PG course and are working as Registrars, Senior Residents, or Demonstrators. While undergoing PG course are working as Registrars/Demonstrators/Senior Residents.

(3.) Petitioners on feeling aggrieved of the conditions of their appointment with reference to application of SRO 202 and SRO 325, had filed SWP Nos. 141/2019 and 187/2019, seeking release of regular pay scale attached to the post of Medical Officer borne in the service of Health Department, as also for regulating their transfers and postings in terms of the Rule 27 of Jammu and Kashmir Classification Control and Appeal Rules, 1956. Petitioners therefore, sought quashment of the condition No. (B) appearing in Government order No. 49-HME of 2019 dtd. 14/1/2019 and such other condition which prevents the petitioners from completing their " post Graduate Course"/"Tenure appointments" as "Registrars", "Senior Residents", "Demonstrators".