Decided on November 10,2006

Sanjeev Puri Appellant
STATE Respondents


- (1.) THE facts are not in dispute. The Jammu and Kashmir Public Service Commission (hereinafter, for short, referred to as Commission) invited applications vide Notification No.05 -PSC of 2000 dated 11 -02 -2000 for five posts of B -Grade Specialists in Ophthalmology in the Health and Family Welfare Department with the following break -up: Open category : 02 posts RBA category : 01 post ST category : 01 post SC category : 01 post
(2.) TWELVE candidates appeared in the interview, which was conducted at Srinagar on 23rd and 24th of July, 2000. Therefore, on the basis of over all performance in the interview and the academic qualification, experience and other relevant factors, the following candidates in order of merit were found suitable for appointment as B -Grade Specialists in Ophthalmology: OPEN CATEGORY: 1. Dr. Sunil Ji Mattoo S/o Triloki Nath Mattoo 126 A/D, Gandhi Nagar, Jammu. 2. Dr. Sajjad Hamid Fazili S/o Ab. Hamid Fazili R/o 165 Rawalpora Housing Colony, Post Office Sanatnagar, Srinagar. SCHEDULED TRIBE CATEGORY: 1. Tsering Angchuk S/o Tsering Rabjor C/o Sm. Dechain A.C.O. Office Leh -Ladakh.
(3.) NO candidate was found available in the categories of RBA and Scheduled Caste. Due to the non -availability of the Reserved Category candidates, names of Dr. Ashok Kumar Sharma S/o D.K. Sharma and Dr. Sanjeev Puri S/o Chaman Lal Puri, who is the petitioner in the present case, were recommended by the Commission against the posts reserved for RBA and Scheduled Caste Categories. On the recommendations of the Commission, Secretary to Government, Health and Medical Education, issued appointment orders to Dr. Sunil Ji Mattoo S/o Triloki Nath Mattoo, Dr. Sajjad Hamid Fazili S/o Ab. Hamid Fazili; and Tsering Angchuk S/o Tsering Rabjor, who were selected in the General/Open Category as well as in the Category of Scheduled Tribe.;

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