1. Mrs. Hakim, learned Dy. AG, submitted that Mrs. Neeru Goswami, Dy. AG, is out of station and sought adjournment. 2. In view of the submission made by the counsel for the petitioners and for the reason that the cases on hand are covered by an earlier judgment of the court, adjournment is declined. 3. In batch of writ petitions, petitioners are those Assistant Surgeons, who, at the time of responding to the notification issued by the Principal, Government Medical College, Jammu were accorded consideration for their selection and engagement as Demonstrators/Registrars, had completed either one year House Of ficer/House Job Course or had completed one year service as Assistant Surgeons. Petitioners were selected but were not relieved by the Director-respondent No. 3, on the plea that without completing probation period of two years, the petitioners cannot be relieved and deputed to work as Demonstrators/Registrars. A stand is taken in the objections that, in case, the petitioners are relieved, it will affect the health care of the people because the department of the Health will be depleted of its man power. 4. The tenure post of Demonstrator/Registrar figures in Schedule I appended to the Jammu and Kashmir Medical Education (Gazetted) Service Recruitment Rules, 1979 (for short Rules of 1979). In terms of Schedule III, the post of Registrar/Demonstrator is to be filled up by deputation from Jammu and Kashmir Medical (Gazetted) Services, for a specified period on the recommendations of the Selection Committee of the Medical Colleges. In terms of Schedule II, appended to the Rules of 1979, the eligibility criteria fixed for being selected/appointed for Demonstrator/Registrar in Government Medical College, is one year service as House Officer or equivalent recognized experience. 5. Earlier on, respondent-State had issued Government Order No. 872-HME of 2007 dt. 20th of Dec'07, whereunder, it was provided that no Assistant/Dental Surgeon, shall be considered for the tenure posting of Registrar/Demonstrator in Government Medical/Dental Colleges unless he/she has completed probation period of two years as provided in Jammu and Kashmir Civil Service (Classification, Control & Appeal) Rules, 1956. The said order was called in question in a batch of writ petitions with lead case, SWP No. 762/08. These petitions were decided by the court vide judgment dt. 31st of Oct'08. The court ruled that the aforementioned Government Order has the effect of rendering the Assistant Surgeons in-eligible for selection. The said order was called in question in a batch of writ petitions with lead case, SWP No. 762/08. These petitions were decided by the court vide judgment dt. 31st of Oct'08. The court ruled that the aforementioned Government Order has the effect of rendering the Assistant Surgeons in-eligible for selection. It was further held as under:- "In this view of the matter, the Government order No, 872-HME of 2007 dt. 20.12.2007, cannot be legally sustained, as it has rendered the eligible Assistant Surgeons ineligible for selection. Consequently, the impugned advertisement notices too cannot be declared legally valid. For the aforesaid reasons, by holding that the Assistant Surgeons who have one year experience as House Officer and Assistant Surgeons who have, completed one year service and acquired the experience of patient care, would be eligible for selection to the post of Registrar/Demonstrator. 1 quash the Government Order No. 872-HME of 2007 dt. 20.12.2007 being contrary to rules and consequently also quash the impugned advertisement notices. Accordingly, these writ petitions shall stand allowed. The respondents shall be free to issue fresh advertisement notices in accordance with the rules......" 6. The claim of respondents that, in case, the petitioners are relieved, the health care of the people will be adversely effected, cannot be a ground for denying the relief to the petitioners, in as much as, the petitioners in terms of the aforementioned Rules, are eligible for being selected and appointed as Registrars/Demonstrators and those of the petitioners who have been selected and appointed and are working as Demonstrators/Registrars in terms of the Court orders, have a right to continue on the said tenure post for the period, they have been appointed on such posts. Those of the petitioners who have been permitted to participate in the selection process for which selection list has not been issued till date, the respondents will be at liberty to issue the selection list. Those of the petitioners who are selected for being appointed as Demonstrators/Registrars, the concerned employer shall be under an obligation to relieve them so as to enable them to work as Demonstrators/Registrars in terms of the Rules of 1979, in Government Medical College, Jammu. It is the duty of the State to make arrangements for taking the health care of its people and the petitioners cannot be deprived of their legal right on this count. 7. It is the duty of the State to make arrangements for taking the health care of its people and the petitioners cannot be deprived of their legal right on this count. 7. For the above stated reasons and in view of the mandate contained in judgment dt. 31st of Oct'08, passed in batch of writ petitions with lead case-SWP No. 762/08, these petitions, along with connected CMAs, are disposed of in the following manner:- 1. Petitioners who are working on the post of Demonstrator/Registrar, in pursuance of the selection process initiated by the Principal, Government Medical College, Jammu shall be deemed to have been validly relieved from their parent department and shall be allowed to continue to man the said post only for the period, they have been appointed; 2. Principal, Government Medical College, Jammu, is directed to relieve the aforementioned class of petitioners immediately after completion of their period on the tenure post of Registrar/Demonstrator; 3. Petitioners of this class, shall be under an obligation to report back to their parent department viz., Health Department immediately after completion of their tenure period on the post of Demonstrator/Registrar; 4. The Director, Health Services, Jammu, shall post this class of petitioners wherever they will be required to be posted to cater to the health care of the people of Jammu division, after they report back to their parent department after completion of their period on the tenure post of Registrar/Demonstrator; 5. Those of the petitioners who have been permitted to participate in the selection process, if stand selected by the Selection Committee of the Government Medical College, Jammu, shall be relieved and deputed to the Medical Education Department/Medical College, Jammu, provided they have completed either one year House Officer/House Job Course or have worked as Assistant Surgeon for a period of one year and shall continue to work on the post of Demonstrator/Registrar, only for the period mentioned in their appointment orders Principal, Government Medical College, Jammu, shall relieve the above class of petitioners immediately after completion of their tenure period on the post of Demonstrator/Registrar; 6. The petitioners of this class shall also be under an obligation to report back to their parent department viz. Health Department immediately after completion of the tenure period on the post of Demonstrator/Registrar; 7. The petitioners of this class shall also be under an obligation to report back to their parent department viz. Health Department immediately after completion of the tenure period on the post of Demonstrator/Registrar; 7. The Director Health Services, Jammu, shall post the above class of petitioners after they report back to their parent department viz., Health department, wherever they will be required to be posted, to cater to the health services of the people of Jammu division; 8. Those of the petitioners who are not possessed of the requisite eligibility for the post of Demonstrator/Registrar viz were not having one year House Officer/House Job Course or had not completed one year service as Assistant Surgeon on the cut of date of filing of the applications, their writ petitions shall stand dismissed. 9. Interim orders passed in all the petitions shall stand merged in this order.