DES RAJ BHAGAT Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioner is an Assistant Surgeon working in the Health Department and so are respondents No. 5 and 6. Principal Government Medical College, Jammu, issued Advertisement Notice under No. GMC/Estt/GD/109/6560 dated 31st January 2003 in the following terms for the tenure posting of Assistant Surgeons as Registrars for a period of three years: -

(2.) THE candidates are advised to send their application forms through Director, Health Services, Jammu/Srinagar. No Advance copy shall be entertained. The application form should reach to the office of the undersigned on or before 22 -02 -2003 along with attested true copies of the following documents : -

(3.) THE petitioner and respondents No. 5 and 6 have applied through their applications for the said tenure posting. The selection process admittedly had not been completed as yet and no selection has been made. The Petitioner through the medium of this petition, has challenged the selection process on two grounds, firstly, that eligibility criteria as set out in condition No. 2 of the Advertisement Notice is going to be changed by the respondents and if that is allowed to be done, it will be detrimental to the interest of the petitioner. The stand of the respondents is that challenge on this count at this stage cannot be allowed to be made by the petitioner as no decision in this regard has yet been taken nor any such relaxation or change in the criteria has been made by the respondents. In view of the stand taken by the respondents, the petitioner cannot be allowed to urge that eligibility criteria cannot be changed specially when he is himself admittedly not eligible as per the criteria set out in Condition No. 2 of the Advertisement Notice and when selection process has not been completed.