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2005 DIGILAW 307 (JK)

Suresh Kumar (Dr. ) v. State

2005-11-18

NIRMAL SINGH

body2005
I. Principal Government Medical College, Jammu issued notification dated 19.2.2005 inviting log application from eligible candidates for the tenure post of Registrars in different disciplines from the candidates who possessed the following qualifications:- " 1. The applicant should be MBBS with Post-graduate degree in the discipline concerned i.e. specially applied for the post. 2. Those doctors who have already completed their tenureship as Registrar in any discipline need not apply and their application shall not be considered. However this restriction shall not be applicable in respect of such doctors who have not done their tenure ship in the discipline in which they have passed their post-graduation. 3. Those doctors who are earlier appointed as Registrar but had left service before completing their tenure need not apply. 4. The application should be accompanied with an affidavit on the stamp paper value duly attested by Notary declaring that applicant has not done Registrar ship/Senior residency earlier within or outside the J&K State. 2. The case of the petitioners is that though, as per the notification, applications were invited from the candidates possessing post graduate only, yet the then Principal, Dr. H. L. Go swami, allowed the petitioners to apply for the post being post-graduate diploma holders by as Suring them that they would be considered as on previous occasions also post-graduate, diploma holders were considered. The Selection Committee constituted in this behalf interviewed the petitioners. They were not selected but private respondents 4 to 6 were selected as Registrars in the discipline of pediatrics. 3. Petitioners have made the following substantial prayer in this writ petition. "a)" Writ of Certiorari for quashing:- i) Advertisement Notification dated 19.2.2005 to the extent it invited applications only from Post Graduate degree holders for the post of Registrars. Or in the alternative to read down the notification to include even Post Graduate diploma holders as eligible for the post of Registrar, ii) The select list dated II.7.2005 bearing office order No.379/2005 and Office Order No. 390/2005 wherein private respondents No. 4 to 6 and 8 to 11 have been selected as Registrars in the discipline of Pediatrics and Anesthesia. iii) Order dated nil whereby respondent No. 7 Dr. Sudhakar Sharma has been selected for appointment to the post of Registrar in the discipline of Anesthesia. iii) Order dated nil whereby respondent No. 7 Dr. Sudhakar Sharma has been selected for appointment to the post of Registrar in the discipline of Anesthesia. b) Writ of mandamus directing the official respondents to consider and appoint the petitioners as Registrars in the discipline of pediatrics and Anesthesia in Govt. Medical College, Jammu. " 4. On notice respondents have filed their objections and pleaded that petitioners are diploma holders therefore they were not found eligible for the tenure post of Registrar. 5. I have heard learned counsel for the parties and perused the record. As per the averments made by the petitioners, the petitioners were allowed to apply for the post as per the verbal directions of the Principal Government Medical College, Jammu. The Selection Committee also interviewed them. Once the applications of the petitioners have been considered and they have been allowed to participate in the selection process, the petitioners has no right to challenge the notification dated 19.2.2005 and call in question the condition of prescribing the qualification of Post Graduate Degree only for the post of Registrars. Even otherwise the petitioners do not fulfill the eligibility criteria. A candidate, who does not possess the basic qualification for a post, cannot be considered for the post and appointed. A Division Bench of this Court in LPA (SW) No. 64/ 2005 tilted Dr. Shashi Baal Gupta Vs. Dr. Jyotsna Lambda, (decided on 21.7.2005) has held as undergo/ the appointment of Registrar one of the eligibility conditions was that no postgraduate doctor will be considered for appointment unless he or she has completed two years minimum active service as Assistant Surgeon, after obtaining the post graduate degree. Admittedly the appellant was not having two years experience as Assistant Surgeon, after obtaining the degree. After hearing learned counsel for the parties and perusing the record, we are of the considered view that the learned Single Judge, while passing the impugned order, has not committed any legal or jurisdictional error as the appellant was not fulfilling the prescribed qualification." 6. The petitioners are simply diploma holders whereas the qualification prescribed for the post of Registrar is degree in concerned discipline; therefore, they were not eligible for appointment to the post. The writ petition, having no merit, is accordingly, dismissed.