Decided on April 26,1999

Syed -Ul -Qawnain Appellant
Director Sher -I -Kashmir Institue Of Medical Sciences Respondents


- (1.) PETITIONERS with substantive appoint -ment as Assistant Surgeons in the Health Department of the Jammu and Kashmir Govt. have undergone post graduate courses in surgery in SKIMS Soura, respondent/Institute. On completion of the course, petitioners were selected as Senior Residents in the Institute on tenure basis for a period of two years initially in May, 1995 and thereafter were given extension. On completion of the extended term they have been relieved on 01 -01 -1999 under the orders of the Director of the Institute. This relieving order No. ACAD/184 of 1999 dated 1 -1 -1999, has been challenged by petitioners in a suit presented before the District Judge, Srinagar which suit is allotted and assigned to the court of Munsiff, Sub Registrar, Srinagar, for trial.
(2.) THE trial court on an interim application moved with the main suit, restrained respondents from giving effect to the above said relieving order of the Director SKIMS and against this restraint order of 01 -01 -1999, appeal was preferred before the District Judge, Srinagar which came to be assigned to the Addl. District Judge, Srinagar. The Addl. District Judge, after hearing the parties and on examination of the matter, came to the conclusion that the impugned order was in violation of expressed provisions of Sub Rule 3 of Section 80 CPC, in so far as no opportunity of hearing was given to the respondents in the matter. This order of 23 -3 -1999 is challenged in the revision before this Court.
(3.) CONSIDERATION is given to the submissions of the counsel for the parties. Available record is examined. Counsel for the petitioner contends that Director, Registrar Academic, Assistant Registrar and HODs of various disciplines of respondent Institute, are not public officers, therefore, the provision of notice provided for by Section 80 CPC is not applicable to the case. The appellate Court has erred in applying Section 80 CPC bar to the issue of interlocutory relief granted by the trial court of Munsiff -Sub Registrar, Srinagar. On merits the counsel submits that the petitioners after completing the post -graduation in the Institute, in terms of their selection to the post graduation course and thereafter on conditions of their selection to Senior Residentship required to serve the Institute for a period of seven years and therefore, they cannot be relieved before the period is over.;

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