Jammu & Kashmir High Court
Dr.Mohd Iqbal Wani & Others vs State Of J&K And Ors on 24 July, 2008
Author: M. Yaqoob Mir
Bench: M. Yaqoob Mir
IN THE HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR SWP No. 21 of 2008 Dr.Mohd Iqbal Wani & others. Petitioner State of J&K and Ors. Respondents !Mr. Z. A. Shah, Advocate ^Mr. A.M.Magray, Advocate Hon'ble Mr. Justice M. Yaqoob Mir, Judge Date: 24/07/2008 :J U D G M E N T:
1. Pursuant to advertisement notice bearing No. Acad/Reg- Demon/5453-88/MC dated 11.10.2007 issued by respondent no. 3, applications from in-service Jammu and Kashmir Medical (Gazetted) Service doctors were invited for two years tenure position of Registrars/Demonstrators in the various disciplines which include Orthopedics and Pediatrics. Petitioners have applied, interviewed and stand selected but orders of appointment were not issued prompting them to invoke the writ jurisdiction of this Court.
2. As per Government Order No. 872-HME of 2007 dated 20.12.2007, it has been ordered that no Assistant/Dental Surgeon shall be considered/eligible for the tenure posting of Registrar/Demonstrator, unless he has completed probation period of two years as provided in Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules 1956. Later on, by way of clarification, communication bearing No. HD(Gaz) Gen-259/2007 dated 25.04.2008, has been issued making it clear that the doctors who were appointed as Assistant Surgeon by virtue of Government Order No.530-HME of 2005 dated 12.09.2005 were undergoing Post Graduation Course, were allowed to continue with said post Graduation Course. The period spent by them for completion of PG, shall count towards their period of probation, so shall be allowed to continue as Registrars/Demonstrators.
3. In the instant case, petitioners 1 to 9 have been appointed as Assistant Surgeons in the year 2005, so were allowed to pursue PG Courses. Prior to the communication dated 25.04.2008, their eligibility was questioned on the count of not having completed two years of probation. It is in that backdrop perhaps firstly, their applications were not forwarded and then even after selection were not appointed as Registrars.
4. Though the appearing counsel for petitioners have projected that the condition of completing the probation of two years is not prescribed anywhere, neither such condition is necessary for engaging a doctor as Registrar. This contention, so far as, it relates to petitioners 1-9 looses its significance in light of communication No.HD (Gaz)Gen-259/2007 dated 25.04.2008 issued by the Government read with Government Order No.530-HME of 2005 dated 12.09.2005 whereunder it is incorporated that the period spent for completion of PG after appointment shall count towards the period of probation.
5. Petitioners be appointed as Registrars/Demonstrators in their respective disciplines on the basis of selection already made.
6. It may not be out of place to mention here that various writ petitions pertaining to the appointment of Registrar-ship as were filed stand already disposed of. This petition has remained in view of its own particular fact.
7. This petition is also disposed of as indicated above alongwith all connected CMPs.
(M.Yaqoob Mir) Srinagar Judge 24.07.2008 (Amjad)