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DB directs State to appoint petitioner as Medical Officer in ISM 7/16/2016 10:59:44 PM ET Report jammu, July 16: A Division Bench of state High Court comprising Chief Justice N Paul Vasanthakumar and Justice Tashi Rabstan directed the respondents to accommodate the appellant in any vacant post, if any available and if it is not possible to accommodate the appellant in any vacant post, the Nisar Ahmad Mir shall be replaced by the appellant as the appellant is more meritorious than the Nisar Ahmad Mir. In Division Bench issued directions while the hearing over LPA filed by Showkat Ahmad Wani against the order of the Writ Court dated 08/062015 dismissing the writ petition filed by the appellant, seeking appointment on the basis of merit secured by him for the post of Medical Officer, Indian System of Medicines (ISM) under RCH-II of NRHM scheme and also directed the exercise is directed to be commenced and completed by the official respondents within four weeks. Division Bench after considering the arguments both the sides observed that it will be in violation of Article 16(2) of the Constitution, which prohibits appointment based on residential qualification or place of birth. The court was apprised that the appellant, who is meritorious having secured 59.60 marks while the appointment was given to private respondent who has secured only 54.60 marks. Division Bench observed that respondent is continuing in service after giving him appointment. In such circumstances, for molding the relief, we are of the view that appeal can be allowed with a direction to the official respondents to accommodate the appellant in any vacant post, if any available and if it is not possible then the private respondent shall be replaced by the appellant. The said exercise is directed to be commenced and completed by the official respondents within four weeks, the court said. —JNF   Share This News with Your Friends on Social Network     Comment on this Story

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