State

HC quashes selection of Lecturer in Oral & Maxillofacial Surgery

gy correspondent Jammu may 5
[ May 05, 2017 ] In a petition filed by Dr. Sanjay Kumar Bhagat seeking quashment of Notification No.06-PSC(DR-P) of 2015 dated 05.06.2015 issued by J&K Public Service Commission, so far as it pertains to filling-up one post of Lecturer in the discipline of Oral & Maxillofacial Surgery, figuring as Item No.224 under RBA Category in Indira Gandhi Govt. Dental College, Jammu, on the ground that the same ought to have been reserved and filled-up from amongst the candidates belonging to Scheduled Caste Category in terms of Rule 5 of the Jammu & Kashmir Reservation Rules, 2005.Justice Tashi Rabstan of J&K High Court after hearing both the sides in length allowed the petition and Notification No.06-PSC(DR-P) of 2015 dated 05.06.2015 issued by J&K Public Service Commission, so far as it pertains to filling-up one post of Lecturer in the discipline of Oral & Maxillofacial Surgery, figuring as Item No.224 under RBA Category in Indira Gandhi Govt. Dental College, Jammu, is hereby quashed. Consequently, the selection of Dr. Amrit Pal Singh against the said post shall be deemed to have been quashed.Justice Tashi Rabstan also directed State to strictly follow Rule-5 of J&K Reservation Rules in the matter of appointments and maintain roster in respect of each service, class, category and grade in the services and posts under the State.Justice Tashi Rabstan further observed that in view of quashing of impugned notification as well as selection of Dr. Amrit Pal Singh ands directed Commissioner/Secretary to refer the post of Lecturer in the discipline of Oral & Maxillofacial Surgery under Scheduled Caste Category strictly in terms of Rule-5 of J&K Reservation Rules, 2005 to the Public Service Commission within a period of four weeks from today. On referring the said post, Public Service Commission is directed to notify the same within a period of next two weeks and on notifying the said post, petitioner will also be at liberty to apply for the same along with other eligible candidates, if any. It is made clear that in case petitioner applies and gets selected against the post-in-question, he will be entitled to all consequential benefits including seniority etc. minus the monetary benefits from the date; Notification No.05-PSC of 2014 dated 03.03.2014 came to be issued, provided he was otherwise eligible on the said date. Further, it is made clear that in case the petitioner has already applied in pursuance to Notification No.16-PSC (DR-P) of 2016 dated 10.08.2016, then there is no need to issue fresh notification for the post-in-question, however, rest of the above-referred directions shall remain the same and, in such an eventuality too, the candidature of petitioner shall be considered from the date, Notification No.05-PSC of 2014 dated 03.03.2014 came to be issued.Justice Tash Rabstan further observed that before parting, I would like to project the concern of Court that in many cases it is being observed that the stand of State-respondents is either evasive or without any footing, and even they go to the extent of making false statements so as to justify their illegal acts, as in the present case, without bothering that their such statements are supported by affidavits and can be held liable for committing perjury.Justice Tashi Rabstan further observed that in the present case, petitioner has been hankering for justice for years together for getting his due and rightful claim, so he cannot be made scapegoat for no fault of him. After referring the post-in-question by Commissioner/Secretary Health & Medical Education under the RBA Category dehors the rules, PSC notified the same and Dr. Amrit Pal Singh applied against the said post, although he was not eligible in terms of the roster point, whereas petitioner had been rightly clamouring for filling up the said post under the Scheduled Caste Category in terms of Rule-5 of J&K Reservation Rules, 2005. Here, the perpetrator of wrong doer was Commissioner/Secretary Health & Medical Education and for the illegal acts of Commissioner/Secretary Health & Medical Education, petitioner has been made to suffer. Since Dr. Amrit Pal Singh was the actual beneficiary of the illegal acts of Commissioner/Secretary Health & Medical Education, therefore, for setting the things right, this Court had no option but to quash the selection of respondent No.3. Further, at this stage, respondent No.1 cannot take the shelter of Notification No.16-PSC (DR-P) of 2016 dated 10.08.2016, because same was the result of SWPs No.1059/2014 and 2522/2015, filed by the petitioner herein. Therefore, in the given circumstances Commissioner/Secretary Health & Medical Education is burdened with costs of rupees one lac (Rs.1, 00,000/-), to be deposited by it in the Registry of this Court within a period of one month from today. On deposit, the same shall be released in favour of petitioner after proper verification and identification. It is made clear that in case Commissioner/Secretary Health & Medical Education fails to deposit the costs within the aforesaid period, Registrar (Judicial) is directed to frame a separate robkar against Commissioner/Secretary Health & Medical Education for defying the orders of this Court and committing perjury by the concerned officer, and after issuance of notice to Commissioner/Secretary Health & Medical Education and the concerned officer swearing affidavit, list the same before the Court.