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2008 DIGILAW 295 (JK)

Gh. Mohd. Naikoo (Dr. ) v. State Of J. &K.

2008-07-15

MOHAMMAD YAQOOB MIR

body2008
1. 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 Surgery. Petitioner has applied, interviewed but did not figure in the selection list. He, however, figured at serial No. 5 in the merit list. First four candidates were selected and were required to produce two years probationary period completion certificate. 2. According to petitioner there were six posts of Registrars/Demonstrators in the discipline of Surgery, but for ulterior reasons only four doctors were selected when the petitioner has every right of selection. According to petitioner four candidates selected were not otherwise eligible and in case only four candidates were to be taken, still petitioner figured at serial no.5 should have been selected. 3. During the pendence of the writ petition, petitioner had sought direction for being considered against one post of Registrar in the discipline of Surgery. Same was granted in view of the communication No. ACD /6836/MC dated 22.01.2008 addressed by Principal, Government Medical College, Srinagar to the Secretary to Government Health and Medical Education Department, Jammu wherein it is recorded that orders in respect of four candidates as against five vacancies were issued. One Dr. G. M. Naikoo, was one of the candidates for the post, who did not figure in the selection list. Pursuant to one more communication bearing No. ACD/6873/MC dated 23.01.2008 addressed by Principal Government Medical College, Srinagar to the Director, Health Services, Kashmir, wherein it has been cleared that out of four candidates, only two have joined after fulfilling the eligibility requirements. Dr. Naikoo, stands next in the merit after the selected candidates but for consideration was asked to produce completion of two years probationary certificate. 4. The question as to whether production of two years probationary certificate as provided in Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules 1956 was necessary. Same stands settled vide communication bearing No. HD (Gazetted) Gen-259/2007 dated 25.04.2008, where under it has been made 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 they shall be allowed to continue as Registrars/ Demonstrators. 5. The period spent by them for completion of PG, shall count towards their period of probation, so they shall be allowed to continue as Registrars/ Demonstrators. 5. The petitioner admittedly has been appointed vide Government Order No. No.530-HME of 2005 dated 12.09.2005 thereafter was undergoing Post Graduation Course which he has completed in the year 2007. The condition about the period of probation is no more required to be deliberated upon, as the petitioner gets the benefit of aforesaid order so has every right of being engaged/appointed as Registrar in the discipline of Surgery. Appearing counsel for the respondents could not controvert the said established position. 6. The writ petition is disposed of with the direction to the respondents to appoint the petitioner as Registrar in the discipline of Surgery on tenure basis as per merit list i.e. out of the four selected candidates, two have not joined; petitioner figures at serial no. 5 in the merit list so shall be adjusted accordingly. Petition disposed of alongwith connected CMPs.