Jammu & Kashmir High Court
Dr. Vandana & Dr. Anuradha vs State Of J&K & Anr on 17 August, 2019
Author: Tashi Rabstan
Bench: Tashi Rabstan
HIGH COURT OF JAMMU & KASHMIR
AT JAMMU
WP(C) 2666/2019
CM No.6121/2019
CM No.5440/2019
Date:17.08.2019
Dr. Vandana & Dr. Anuradha ...Petitioners
Through:- Mr. F.S. Butt, Advocate
Vs
State of J&K & anr. ...Respondents
Through:- Mr. H.A. Siddiqui, Sr. AAG
CORAM: HON'BLE MR. JUSTICE TASHI RABSTAN, JUDGE
Whether approved for reporting: Yes/No
ORAL
Tashi Rabstan-J
1. Through the medium of this writ petition, the petitioners are seeking a direction to Financial Commissioner, Health & Medical Education Department, respondent No.1 herein, to issue NOC in favour of petitioners so as to enable them to sit in the interview for the post of Registrar and Demonstrator in the discipline of Anesthesia & its allied and Community Medicine respectively in Government Medical College, Jammu, which was scheduled to be held on 20.07.2019.
2. The facts-in-brief, as projected in the writ petition, are that pursuant to Notification No.JMC/Es-1/109/237 dated 03.06.2019 the petitioners being eligible in all respects applied for the tenure post of WP(C) 2666/2019 Page 1 of 3 Registrars/Demonstrators in the discipline of Anesthesia and its allied and Community Medicine. It is averred that one of the conditions of the advertisement notice was that the in-service doctors were to be allowed to participate in the selection process only if they route their application forms through the Administrative Department. Accordingly, the Director Health Services, Jammu being the Head of Department recommended the case of petitioners to the Administrative Department for issuance of No Objection Certificate. However, it is averred, that the NOC was not being issued in their favour by respondent No.1. Hence, the present writ petition.
3. When this case was listed, a coordinate Bench of this Court vide order dated 18.07.2019 directed the respondents to permit the petitioners herein to participate in the interview for the tenure post of Registrar in the discipline of Anesthesia and its allied and Community Medicine.
4. Now petitioner No.2 has filed CM No.6121/2019 seeking a direction to Principal, Government Medical College, Jammu, respondent No.2 herein, to issue formal appointment order in her favour and allow her to join as Demonstrator in the discipline of Community Medicine pursuant to her selection against the said tenure post. It is averred that the select list was issued on 29.07.2019 and the same would reveal that petitioner No.2 has been selected against the discipline for which she has applied.
5. Today, when the matter was taken up for hearing, Mr. F.S. Butt, learned counsel appearing for petitioners, stated at the Bar that the name of petitioner No.1 be deleted from the array of petitioners as she has failed to get selected in the aforementioned selection process. His statement is taken WP(C) 2666/2019 Page 2 of 3 on record. Accordingly, name of petitioner No.1 is deleted from the array of petitioners and this writ petition shall stand dismissed so far as it relates to petitioner No.1.
6. At this stage, Mr. Butt, now appearing for petitioner No.2, stated at the Bar that his client would feel satisfied if this writ petition is disposed of with a direction to respondent No.2 to consider the case of petitioner No.2 for issuance of formal appointment order in her favour within certain time frame. His statement is taken on record.
7. Accordingly, this writ petition is disposed of with a direction to Principal, Government Medical College, Jammu, respondent No.2 herein, to consider the case of petitioner No.2 for issuance of formal appointment order in her favour against the post of Demonstrator in the discipline of Community Medicine subject to fulfilment of eligibility criteria and, of course, in terms of the rules admissible to the field. Let consideration order be passed within a period of two weeks from today. Till then the post-in- question shall not be filled up by any other candidate. Connected MPs, accordingly, stand disposed of.
Jammu (Tashi Rabstan)
17.08.2019 Judge
(Anil Sanhotra)
WP(C) 2666/2019 Page 3 of 3
ANIL SANHOTRA
2019.08.17 14:37
I attest to the accuracy and
integrity of this document