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2019 DIGILAW 233 (JK)

Syed Nisar Ahmad v. State of J&K

2019-04-16

DHIRAJ SINGH THAKUR, RASHID ALI DAR

body2019
Judgment Dhiraj Singh Thakur, J.—The present Letters Patent Appeal has been preferred against the judgment and order dated 13th November, 2018, whereby the writ petition filed by the appellants has been dismissed. 02. Briefly stated the material facts are as under: 03. Public Service Commission issued notification No.09-PSC of 2011 dated 02.06.2011 inviting, inter alia, applications from the eligible candidates for the post of Lecturers in Super Specialties in Government Medical Colleges of Jammu and Srinagar. The petitioners being eligible applied for the posts in the disciplines of Clinical Hematology and Medical Oncology under the Open Merit category. Subsequently, another notification dated 19th February, 2016 was issued. 04. It appears that the Public Service Commission sought certain clarifications in regard to some of the posts of Lecturers with regard to experience in super specialty. This led to Government order No.72-HME of 2014 dated 30.01.2014, whereby the Government order No.181-HME of 2011 dated 15.03.2011 was partially modified. The Public Service Commission in supersession of its earlier notification dated 02.06.2011 issued another notification dated 25.09.2012, whereby it invited applications on prescribed format for the post of Lecturers for Super Specialty in Government Medical Colleges of Jammu and Srinagar, however, it did not notify the disciplines in regard to which the petitioners had earlier applied i.e., the disciplines of Clinical Hematology and Medical Oncology. The Public Service Commission thereafter issued another notification dated 19th February, 2016 whereby, inter alia, posts under the aforesaid disciplines were advertised. 05. The case set up before the writ court was that the Public Service Commission could not have abandoned the selection process earlier advertised in the year 2011 and proceed to issue the subsequent notification dated 19th February, 2016 impugned in the writ petition. The writ court finally by virtue of judgment and order impugned dated 13th November, 2018 dismissed the writ petition by relying upon the judgment of Punjab and Haryana High Court in Renu Ahuja v. State of Punjab : 1992 (4) SLR 26. 06. Heard counsel for the parties. 07. Admittedly, the petitioners had applied pursuant to notification dated 02.06.2011. Upon issuance of the notification dated 19th February, 2016, both the appellants could have applied as they were eligible for the same in regard to qualification and age. 06. Heard counsel for the parties. 07. Admittedly, the petitioners had applied pursuant to notification dated 02.06.2011. Upon issuance of the notification dated 19th February, 2016, both the appellants could have applied as they were eligible for the same in regard to qualification and age. The petitioners, however, chose to question the decision of the Public Service Commission to proceed ahead to re-advertise the posts in question instead of facing the process of selection based upon the notification of 2016. Admittedly, the Public Service Commission had not proceeded ahead with the process of selection pursuant to the notification of 2011 inasmuch as it had sought some clarification from the Government which were supplied after the amendment of the Government order No. 72-HME of 2014 dated 30.01.2014.The process of selection, therefore, cannot be said to be malafide or perverse. The petitioners took a chance not to participate in the selection process pursuant to notification of 2016, which was at their own peril. 08. Admittedly, no indefeasible right was vested in the appellants to claim that they ought to have been subjected to the process of selection initiated only pursuant to notification no.09-PSC of 2011 dated 02.06.2011. 09. For the above mentioned reasons, we cannot pursuade ourselves to take a view different than the one taken by the learned Single Judge. In view thereof, the appeal is found to be without any merit and is, accordingly, dismissed.