Excelsior Correspondent
JAMMU, Aug 17: Division Bench of High Court comprising Chief Justice MM Kumar and Justice Tashi Rabstan has upheld the selection of 321 Dental Surgeons.
The selection of 321 Dental Surgeons was challenged on various grounds including the one that selection was tainted with malafides as most of the selectees were the relatives of either members of the Commission or were kith and kin of the Ministers and higher ups in the bureaucracy.
The selection was also challenged on the ground that the select list could not be construed and justified as one of the members of the Selection Committee, namely, R L Bharti did not sign the same.
After hearing Senior Advocate Surinder Kour with Advocate Vandana Kumari for the petitioners whereas Neeru Goswami for the State whereas Senior Advocate D C Raina with Advocate F A Natnoo for the PSC, the DB observed, “the judgment of the Single Judge has been assailed by the petitioners-appellants in this appeal primarily on the grounds that the select list as well consequent appointment orders issued in favour of selected candidates were bad in the eyes of law for the reasons that the select list has been prepared by only two members of the Selection Committee whereas third member though participated in the process of viva-voce, did not sign the same for the reasons that the same had not been drawn in accordance with law”.
“The Single Judge did not commit any error to reach the conclusion that select list was not vitiated on account of non-signing of the same by R L Bharti particularly when Commission had subsequently considered the matter in its extra ordinary meeting and taken unanimous decision to release the select list”, the DB said, adding “R L Bharti participated in that meeting and duly signed the select list. It is no doubt an irregularity but it is not fatal to the selection. It has been cured by subsequent signing of proceedings”.
With these observations, DB dismissed the LPA and upheld the judgment of Writ Court whereby selection of Dental Surgeons was upheld.
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