Jammu & Kashmir High Court - Srinagar Bench
Dr. Sakeena Akhtar vs State Of J&K And Ors on 14 October, 2019
Author: Chief Justice
Bench: Chief Justice
S.No. 5
Advance List.
IN THE HIGH COURT OF JAMMU AND KASHMIR AT
SRINAGAR
SWP no. 1262/2005
IA 1/2005 (2422/2005)
Dr. Sakeena Akhtar ....Petitioner(s)
Through: None.
State of J&K and ors. ...Respondent(s)
Through: Mr. Azhar-ul-Amin, Adv. for PSC
None for others.
CORAM:
HON'BLE THE CHIEF JUSTICE
ORDER
14.10.2019
1. This writ petition was filed seeking a declaration that the appointment of respondents 3 and 4 by the Government order No. 496-HME of 2005 dated 28th August, 2005 as Dental Surgeons stands cancelled and that the petitioner who stood at merit position No. 33 in the Open Merit Category becomes entitled for appointment as Dental Surgeon.
2. By an interim order dated 6th October, 2006 this Court directed that the respondents may consider petitioner's representation dated 7th October, 2005.
3. The respondents 1 and 2 have filed two replies; one at page 22 and another additional supplementary affidavit at page 28. As per the supplementary affidavit/additional reply dated 9th April, 2007 filed by the respondents 1 and 2, the following factual disclosure is made:
"1/ That petitioner has challenged rather claimed cancellation of appointment of respondents 3 and 4 on the ground that they have failed to abide by their appointment order. She has also sought her appointment as being next candidate in the merit list figuring at S. No. 33.2
It is submitted that respondents 3 and 4 were appointed vide Government order No. 496-ME of 2005 dated 29.8.2005 as Dental Surgeons. Both the candidates submitted their joining reports in the office of answering respondent (Directorate of Health Services, Kashmir) well within time and were asked to report t the Chief Medical Officer, Leh for further posting vide answering respondent office order No. 632/G of 2005 dated 20.10.2005 and order No. 634/G of 2005 dated 21.10.2005. However, after issuance of posting orders in favour of the said Dental Surgeons, the Administrative Department vide Government order No. 639-HME of 2005 dated 28.11.2005 issued order to the effect that the Dental Surgeons appointed vide aforesaid Government order No. 496-HME of 2005 of 2005 dated 29.8.2005 who are undergoing Post Graduate Course in the Dental Colleges, Jammu/Srinagar shall continue in the respective institutions till completion of their course and in respect of the Doctors appointed as Dental Surgeons who are undergoing Post Graduate Course in the institutions outside the station, their joining time was extended to the dates they complete their course of study.
It is submitted that both the respondents 2 and 4 were also undergoing Post Graduate course in the institutions outside the station. Meanwhile, the respondent no. 3 (Dr. Asif Iqbal Khan) after completion of his Post Graduation course from PGI, Chandigarh has not reported to the answering respondent office on 4.1.2007 for further posting. 2/ That the representation of the petitioner stands also considered in pursuance to the directions of this Hon'ble court passed vide its order dated 9.10.2006. Petitioner had made request for cancellation of joining reports of appointees and this request/representation of petitioner stands disposed of in view of the above submissions, vide no. Es-3/1-133/3254-55 dated 1.2.2007 which has also been conveyed to petitioner."
4. The above factual position has not been disputed by the petitioner.
5. Clearly, the writ petition is devoid of any legal merit. The writ petition is pending in this Court for the last fourteen years. The respondents 3 and 4 are continuously discharging their duties pursuant to their appointment as Dental Surgeons. No relief can be given to the petitioner for this reasons as well.
6. The writ petition was listed on e is no appearance on behalf of the petitioner. 3
7. In the interest of justice, list on 16th October, 2019, to enable the petitioner to put in her appearance and to persuade us to take a view other than what has been stated above.
(GITA MITTAL) CHIEF JUSTICE Srinagar 14.10.2019 Yasmeen YASMEEN RASHID 2019.10.16 15:15 I attest to the accuracy and integrity of this document