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Appointment of lecturer Surgery in GMC quashed
Balbir K Punj11/19/2012 10:38:41 PM
early times report
Jammu, Nov 19 (JNF): In a landmark judgment, Justice Hasnain Massodi of State High Court allowed the petition filed by the Dr. Narinder Singh challenging the selection and appointment of Dr. Elias Sharma lecturer Surgery Govt Medical College Jammu and has quashed the selection/appointment of Dr. Elias Sharma who was appointed as Lecturer on July 11, 2008 with the direction to the Public Service Commission to treat the Dr. Narinder Singh as selected for the post of lecturer surgery in place of Dr. Elias Sharma and recommended him to Commissioner/Secretary Health & Medical Education Dept for his appointment as lecturer surgery in Medical Education Dept. The Commissioner/Secretary Health & Medical Education Dept shall on receipt of the recommendation from PSC appoint the petitioner as lecturer surgery with effect from July 11, 2008.
During the arguments Advocate SK Shukla appearing for the petitioner submitted that the respondents Dr. Elias Sharma did not satisfy the eligibility criteria prescribed in J&K Medical Education (Gazetted) Service Rules. It is further stated that in terms of the recruitment rules a candidate is required to have a 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 recognized teaching Medical Institution recognized by Medical Council of India or the University of J&K. The private respondent did not possess the requisite experienced on the relevant and therefore, he could not be considered for advertised post.
Justice Hasnain Massodi after hearing both the sides observed that the petitioner participated in the selection process and as per the record has been awarded total of 70 points therefore 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. With these observations Court quashed the selection and appointment of Dr. Elias Sharma lecturer Surgery Govt Medical College Jammu and directed the Public Service Commission to treat the Dr. Narinder Singh as selected for the post of lecturer surgery.
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