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2012 DIGILAW 814 (JK)

Yasmeen Kousar (Dr. ) v. State of J&K

2012-12-31

MANSOOR AHMAD MIR

body2012
1. It is averred that the petitioner was appointed as an Assistant Surgeon vide Govt. Order No. 335-HME of 2010 dated 17.06.2010. Thereafter pursuant to Advertisement Notice No. 22 of 2012 dated 19.04.2012 she applied for the post of Registrar. It is averred that the Director Health Services, Jammu, respondent no. 3 herein, did not forward her application form to respondent no. 1 on the ground that she had yet to complete her probation period of two years as Assistant Surgeon, which constrained the petitioner to file the present writ petition seeking a writ in the nature of mandamus. 2. This Court vide order dated 17.05.2012 directed respondent no. 3 to forward the application form of petitioner to Principal Government Medical College, Jammu. Accordingly, she was interviewed. 3. Respondents have failed to file objections. 4. The result of the petitioner was not declared, constrained her to lay a motion for declaration of the result. Accordingly, in terms of order dated 12.12.2012 passed in CMA No. 3713/2012 respondents were directed to declare the result of petitioner. Today, Mrs. Goswami produced the result of petitioner in the open Court, a perusal thereof reveals that she has made the grade. 5. Admittedly, the petitioner is eligible. However, Mrs. Goswami stated at the Bar that it is for the General Administrative Department to consider whether to relieve the petitioner and depute her to work as Registrar or otherwise because the Health Department is already running short of doctors and it would adversely affect its functioning. No other ground was urged. 6. This Court in a batch of writ petitions, lead case being SWP No. 522/2012, titled as. Dr. Pritpal Singh & others v. State & others 2013 (2) JKJ HC-180, has already held that it is the duty of the State to make arrangement for taking the health care of its people and in that writ petition it was directed that the petitioners therein cannot be deprived of their legal right on this count. It would be fruitful to reproduce the relevant portion of judgment hereunder. It would be fruitful to reproduce the relevant portion of judgment hereunder. "The claim of respondents that, in case, the petitioners are relieved, the health care of the people will be adversely affected, 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. Accordingly, this writ petition is allowed in terms of the judgment (supra) and the same shall form part and parcel of this order. 8. Disposed of along with all connected CMAs.