| HC stays selection of 2 lecturers in GMCs of Jammu, Srinagar | | | Early Times Report
Jammu, Nov 4: High court judge Basni Lal Bhat has ordered that the selection of lecturers in departments of surgery in the government medical colleges (GMCs) of Jammu and Srinagar shall remain stayed subject to objections from other side and till the next date of hearing.
The court directive came in a petition Dr Mahinder Pall, a nuero-surgeon in PGI, Chandigarh. After hearing his counsel, Justice Bhat observed that the petitioner was aggrieved of the impugned merit list and the selection list of October 20, 2015 for the posts of lecturers in the departments of surgery in GMC, Jammu, and GMC, Srinagar, on the ground that post of lecturer in GMCs of J&K constitutes one single class and category and the J&K Medical Education (Gazetted) Service Recruitment Rules 1979 do not permit further classification or categorization of these posts on any count or basis much less on the basis of place of occurrence of the vacancy. The service, administrative department, and the class of posts being one, it is not permissible to further classify a single category on the basis of the vacancy occurring in different institutions.
During the course of arguments, the counsel contended that the petitioner had applied for appointment as lecturer in GMC, Jammu, under SC category and PSC was not justified in bifurcating the service and selection into two cadres namely GMC, Srinagar, and GMC, Jammu. It was contended that the assignment of the candidates to two Medical Colleges is the prerogative of the government, if at all it is permissible and PSC could not usurp such powers.
It was also contended that the petitioner and Dr Rajni Devi, both belonging to SC category, obtained 61.5 marks each whereas Dr Mohan Kumar had secured only 57 marks and in view of petitioner having applied for selection to GMC Jammu, selection of Dr Rajni Devi for GMC Jammu on the basis of the preference exercise is not warranted. It is further contended that selection of respondent No 7 is not at all justified in view of the fact that he stands at a very lower merit and is eliminated from competition inter se the candidates of SC category.
Upon this, Justice Bhat issued notice to the respondents and observed that subject to objections from other side and till next date before the bench, the appointments of Dr Rajni Devi and Dr Mohan Kumar on the basis of impugned selection shall remain stayed. (JNF) |
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