ABDUL ROOF 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 petitioners are seeking the following relief(s) in their favour:

(2.) The petitioner Nos. 1 and 2 claim that they were appointed as Medical Officers in the respondent Department in June, 2010; petitioner No.3 in August, 2005 and the petitioner No.4 in March, 2014. It is stated that by notifications dated 20th of May, 2019 and 13th of June, 2019, issued by the respondent No.3, applications were invited for tenure posts of Registrars/ Demonstrators in different disciplines, including the disciplines of Social and Preventive Medicine and Anatomy, from the eligible (in-service/ Non-PSC doctors) candidates. It is stated that the eligible in-service doctors, possessing the requisite qualification, were 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 petitioners, being eligible, submitted their application forms against the tenure posts in their respective disciplines before the respondent No.3, but without NOC from their parent department on the ground that the respondent Nos. 1 and 2 did not issue the same in their favour and that the respondent No.3 accepted the application forms of the petitioners against the said tenure posts.

(3.) The grouse of the petitioners, at this stage, is that since the respondents are contemplating to conduct the interview for the posts in question and, therefore, they are seeking a direction in the name of the respondent No.3 to allow them to compete in the process of selection for the post of Registrar/ Demonstrator in the disciplines of Social and Preventive Medicine and Anatomy, notwithstanding the issuance of NOC in their favour by the respondent Nos. 1 and 2 and, thereafter, appoint the petitioners in their respective disciplines on the basis of their merit.