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2012 DIGILAW 271 (JK)

Ameet Kaur v. State Of J&K

2012-05-17

Mansoor Ahmad Mir

body2012
1. The subject matter of this writ petition is Communication No. ME-Gaz/155/2010 dated 16.12.2010 issued by respondent no. 1, in so far as it relates to withdrawing the post of Lecturer in the discipline of Pathology in open merit. 2. The case of writ petitioner is that the respondents have issued Advertisement Notice No. 09-PSC of 2010 dated 26.08.2010 inviting applications from eligible candidates for selection of Lecturers in various disciplines in Government Medical College, Jammu, including five posts of Lecturers in the discipline of Pathology as per the break-up given in the advertisement notice. Petitioner also responded and her interview was conducted by respondent no. 3-PSC. Thereafter the respondents without any rhyme and reason issued the impugned communication, whereby two posts of Lecturers in the disciplines of Pathology - one each in Open Merit and ALC Categories, came to be withdrawn. 3. Precisely, the case of the petitioner is that the respondents after examining the entire record had made a request to the Public Service Commission to make selection of five Lecturers in the discipline of Pathology against five posts. The post in the Open Merit, which appears to have been withdrawn, had fallen vacant due the termination of services of one Dr. Arun Gupta, Lecturer Pathology (annexure "F"). The respondents have not taken into consideration the said fact while issuing the impugned communication. 4. Respondents 1 & 2 have filed reply and resisted the writ petition, but they have not denied the averments contained in para-10 of the petition as well as annexure "F" to the writ petition, thus the averments contained therein have remained unrebutted. 5. Respondents have also laid motion being CMP No. 867/2012 for taking on record copies of Communication Nos. ME/GM/139/2002-III dated 31.03.2010. ME/GM/150/2010 dated 25.08.2010 and ME-Gaz/155/2010 dated 16.12.2010, which was granted vide order dated 11.04.2012. 6. It appears that the respondents have not taken into consideration the post which has fallen vacant due to the termination of services of Dr. Arun Gupta. In the given circumstances, it appears that the respondents have made the impugned communication without application of mind so far as it relates to withdrawing one post of Lecturer in the discipline of Pathology in open merit. 7. Accordingly, I deem it proper to allow the writ petition and quash the impugned communication so far as it relates to withdrawal of one post of Lecturer in the discipline of Pathology. 7. Accordingly, I deem it proper to allow the writ petition and quash the impugned communication so far as it relates to withdrawal of one post of Lecturer in the discipline of Pathology. It is so ordered. Respondents are directed to examine the case afresh while keeping in view that one post of Lecturer in the discipline of Pathology has fallen vacant due to termination of services of one Dr. Arun Gupta, as discussed hereinabove, within a period of three weeks from the date a copy of the order is served upon them. 8. Disposed of along with all CMPs.