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| Interim orders cannot be disobeyed: DB | | | EARLY TIMES REPORT
JAMMU, Oct 15: A Division Bench of J&K High Court Comprisig Chief Justice N Paul Vasanthakumar and Justice Hasnain Massodi today held that interim order of the Court cannot be disobeyed.
While dismissing two LPAs, the Division Bench (DB) of State High Court Comprising Chief Justice N Paul Vasanthakumar and Justice Hasnain Massodi, directed respondents to permit the Dr Mushtaq Ahmad Laway to undergo the course of DM Gastroenterology in terms of his selection and admission for the Session 2015 and send intimation/report to the Medical Council of India (MCI) forthwith.
This significant direction has been passed in two LPAs filed by Sher-e-Kashmir Institute of Medical Sciences Soura, where by Writ Court allowed the petition filed 1st respondent in both these appeals, challenging the selection and admission of the Dr. Hussainai S Haider Mehdi in DM Gastroenterology course for the session n 2015 at SKIMS (Deemed University), Srinagar, cancelled the selection of Dr Hussainai S Haider Mehdi.
Division Bench observed that admittedly the Dr Hussainai S Haider Mehdi has secured only 100 marks in the selection whereas the Dr. Mushtaq Ahmad Laway has secured 102.50 marks and the 1st respondent was also selected by the University for DM Course. Not issuing the relieving order in spite of the interim order granted by the Writ Court by the Director of Health Services Kashmir, has resulted the order of selection in favour of the Dr Hussainai S Haider Mehdi who was not placed in the selection list. It is an admitted fact that the Dr. Mushtaq Ahmad Laway was relieved on 11.08.2015 by the Director health Services after the Contempt petition was filed. The said relieving order having been obtained before 30.09.2015, the Dr. Hussainai S. Haider Mehdi has no right to claim selection and admission to DM Gastroenterology seat, as he is not admittedly figuring in the select list though he secured 100 marks. With these observation Division Bench directs respondents to permit Dr. Mushtaq Ahmad Lawayto undergo the course of DM Gastroenterology in terms of his selection and admission for the Session 2015 and send intimation/report to the Medical Council of India forthwith.
The facts of the petitioner that petitionere was selected to undergo the Doctorate of Medicines in the discipline of Gastroenterology on the basis of his higher merit secured by him in the entrance examination both in theory and practical conducted by the SKIMS which is a deemed University. (JNF) |
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