MOHAMMAD IQBAL LONE Vs. UNION TERRITORY OF J&K
LAWS(J&K)-2020-9-20
HIGH COURT OF JAMMU AND KASHMIR
Decided on September 03,2020

Mohammad Iqbal Lone Appellant
VERSUS
Union Territory Of JAndK Respondents

JUDGEMENT

- (1.)Petitioner after completion of his MBBS course was appointed as Medical Officer in Health and Medical Education Department of the State and remained posted in Primary Health Centre, Dhara Doda. He appeared for National Entrance Eligibility Test (NEET-PG) Session 2020. On the basis of merit secured by him vide Notification No. 009-BOPEE of 2020 dated 03.05.2020, was granted seat in MS Orthopedics in Government Medical College, Srinagar. This offer was accepted by the petitioner through online mode by sending confirmatory e-mail and the same was accepted. After his selection and acceptance of the seat in MS Orthopedics, petitioner resigned from the post of Medical Officer in the Health and Medical Education Department as he was not entitled to any study leave in terms of order No. 18-RA(SS) of 2020 dated 13.05.2020 issued by the Government Medical College, Srinagar.
(2.)The petitioner, thus, joined on 01.06.2020 at Bone and Joint Hospital, Barzulla. According to the petitioner, he tested positive for Covid19 so he was kept in Covid-19 Wellness Center, Kulgam on 08.06.2020 from where, he was discharged on 15.06.2020. However, as per the discharge slip, the petitioner was required to maintain Home quarantine for two weeks but vide letter dated 12.06.2020, he submitted his resignation from Covid Center thereby vacating the seat of MS Orthopedics allotted to him. However, after recovering, he approached the Principal, Government Medical College, Srinagar and vide his application dated 30.06.2020 sought withdrawal of his letter of resignation. The said application was forwarded by the Principal, Government Medical College, Srinagar to the Chairman, BOPEE on 03.07.2020. BOPEE, however, rejected the said application seeking withdrawal of resignation vide communication dated 07.07.2020, which is enclosed with the petition as Annexure-I.
(3.)Petitioner has called in question the legality of the aforesaid communication on the ground that the respondent-Board having extended the date for surrendering the seat vide notice No. 038-BOPEE of 2020 dated 02.07.2020, the seat could not be held to have been surrendered by the petitioner by submitting resignation on 12.06.2020 because the petitioner had submitted his application for withdrawal of resignation well before the extended time. The impugned order, thus, suffers from total non-application of mind as there is no reference to order dated 02.07.2020 extending the date from 18.06.2020 to 07.07.2020.
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