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news details
DB reverses Judgment of Writ Court, upholds appointment under RBA Category
Appointment of Junior Physiotherapist in GMC
11/15/2018 9:57:53 PM
Early Times Report

JAMMU, Nov 15: In a significant Judgment a Division Bench of the State High Court comprising Justice Dhiraj Singh Thakur and Justice Sindhu Sharma has reversed the Judgment dated May, 14, 2018 passed by the Single Judge whereby the appointment of Mohammad Aadil Malik as Junior Physiotherapist under the RBA Category in GMC Jammu was quashed and the Single Judge had further directed the appointment of one Sonia Gupta under open merit category.
Division Bench after hearing Advocates observed that the entire emphasis of the writ court was on communication dated May, 31, 2010 i.e. the initial requisition/referral of vacancies and in the advertisement Notification no specific reserved categories were prescribed and it was made clear in the footnote that these would be prescribed subsequently which was then done in August, 2011.
Division Bench while setting aside the Judgment of the Single Judge further observed that the Service Selection Board appears to have committed no illegality in making the selection of the appellant Mohammad Aadil Malik as Junior Physiotherapist and overwhelming reliance placed upon by the petitioner Sonia Gupta on initial requisition dated May, 31, 2010 pales into insignificance in view of the specific footnote in the advertisement Notice coupled with the category wise breakup given subsequently.
Division Bench allowed the appeal and set aside the Judgment of the Single Judge thereby upholding the appointment of the appellant Mohammad Aadil Malik as Junior Physiotherapist in Govt. Medical College, Jammu under RBA Category.
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