Jammu & Kashmir High Court
Shoket M. Chowdhary vs J.K.P.S.C. And Ors on 2 February, 2018
Author: Mohammad Yaqoob Mir
Bench: Mohammad Yaqoob Mir
Serial No. 01
Suppl. List-1
HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU
LPASW No. 8/2018
MP No. 1/2018
Date of order: 02.02.2018
Shoket M. Chowdhary v J.K.P.S.C. and ors
Coram:
Hon'ble Mr Justice Badar Durrez Ahmed, Chief Justice
Hon'ble Mr Justice Mohammad Yaqoob Mir, Judge.
Appearance:
For the Appellant(s) : Mr M.A.Bhat, Advocate.
For the Respondent(s) : Mr D.C.Raina, Sr. Advocate with
Mr Anuj Dewan Raina, Advocate.
Mr Sanjeev Padha, GA.
i) Whether approved for reporting in Yes
Law journals etc.:
ii) Whether approved for publication
in press: Yes/No
Badar Durrez Ahmed, CJ(Oral)
1. The present appeal is directed against the order dated 11.01.2018, passed by a learned Single Judge of this Court in SWP No. 117/2018 and MP No. 01/2018.
2. The grievance of the appellant is that the interim order sought to be made in the writ petition has been denied to him. His main plea is that he has been working in a substantive capacity as Lecturer in Gastroenterology in the Super Specialty Hospital, Jammu. Despite the fact that there is only one post of Lecturer in Gastroenterology in the said hospital, interviews have been conducted and the selection process is underway for this very post which is occupied by him. He further submits that he is officiating as Assistant Professor Gastroenterology in the said hospital. His plea is that as long as he is a Lecturer in Gastroenterology in a substantive capacity against the only available post, no selection process could LPASW No. 8/2018 Page 1 of 2 have been undertaken and nobody can be appointed as Lecturer in Gastroenterology unless and until he is confirmed as Assistant Professor Gastroenterology in a substantive capacity.
3. We have also heard Mr Raina, who appears on behalf of the J&K Public Service Commission. He submitted that the interviews have already been conducted and perhaps the recommendation may also have been made.
4. Be that as it may, we are of the view that in the backdrop of the submissions made by the learned counsel for the appellant it would be appropriate if the selection/recommendation is not given effect to till the application for interim relief is decided by the learned Single Judge. The learned Single Judge has listed the matter to be taken up on 02.03.2018. We feel that this date can be advanced and direct that the matter be listed in the first instance before the learned Single Judge on 12.02.2018. Till the learned Single Judge decides the interim application, the selection made/recommendation made, if any, shall not be given effect to by the respondent No. 3.
5. The appeal stands disposed of accordingly.
(Mohammad Yaqoob Mir) (Badar Durrez Ahmed)
Judge Chief Justice
Jammu
02.02.2018
Vijay
LPASW No. 8/2018 Page 2 of 2