Excelsior Correspondent
JAMMU, Nov 19: State High Court has quashed the selection and appointment of Dr Elias Sharma as Lecturer Surgery with the direction to the Public Service Commission to treat the petitioner Dr Narinder Singh as selected for the post of Lecturer Surgery in the place of Dr Elias Sharma and recommend his name to Commissioner Secretary Health and Medical Education Department for his appointment as Lecturer Surgery in the Medical Education Department.
The High Court has also directed that Commission Secretary Health and Medical Education Department, on receipt of recommendation from Public Service Commission, will appoint the petitioner as Lecturer Surgery with effect from July 11, 2008.
During the arguments, Advocate S K Shukla appearing for the petitioner submitted that in terms of the Recruitment Rules a candidate is required to have Master Degree (MS) in General Surgery/Surgery or equivalent qualification to his credit and also two years experience as Registrar/Tutor/Demonstrator or Senior Resident in a medical institution recognized by Medical Council of India or the University of J&K for appointment of Lecturer.
“The private respondent is not possessing the requisite experience as such he could not be considered for advertised post. However, the petitioner is eligible for the advertised post as he not only possessed the requisite qualification but also the requisite experience on the cut of date prescribed under rules”, Advocate Shukla further submitted.
After hearing both the sides, Justice Hasnain Massodi observed, “the petitioner participated in the selection process and as per the record he has been awarded total of 70 points therefore he is superior in merit and has more points as compared to Dr Elias Sharma, who secured only 69 points”.
“The petitioner therefore deserves to be selected against the post of Lecturer Surgery in open merit category in place of Dr Elias Sharma”, the Court observed and quashed the selection and appointment of Dr Elias Sharma and directed the Public Service Commission to treat Dr Narinder Singh as selected for the post of Lecturer Surgery.
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