NISAR AHMAD CHOWDERY Vs. INSTITUTE OF MEDICAL SCIENCES
LAWS(J&K)-1999-8-28
HIGH COURT OF JAMMU AND KASHMIR
Decided on August 04,1999

Nisar Ahmad Chowdery Appellant
VERSUS
Institute Of Medical Sciences Respondents

JUDGEMENT

SYED BASHIR -UD -DIN, J. - (1.) SHERI -Kashmir Institute of Medical Sciences, Soura, (hereinafter for short Institute ), issued an advertisement notice on September 4, 1995, inviting applications from eligible candidates interalia for faculty position of Assistant Professor, in General Surgery. Among other things besides qualification of Post Graduate/Post Doctoral Degree (as prescribed by Medical Council of India), the candidate was required to have three years teaching experience in the subject as Lecturer. Among others, Dr. Khurshid Ahmad Sheikh and Dr. Nissar Ahmad Choudhry applied. Dr. Umar Javed Shah also applied under directions of the High Court in SWP No. 518/90, which petition stands disposed of. The Institute issued the notification on Feb. 16, 1995 and laid down criteria for selection to various faculty posts including that of Assistant Professor of Surgery. The candidates were to appear before the Apical Selection Committee for the purpose. The candidates were to be assessed and selected on following criteria: - (a) Basic score = 30 marks: (b) Research work producedby the candidate in the past. = 20 marks: (c) Interview performanceas assessed by the experts = 30 marks: (d) Marks to be allotted by the Apical Selection Committee = 20 marks: Selection Committee finalised the merit list and recommended the appointment in the order as: - 1. Dr. Khursheed Ahmad Sheikh ... 86% 2. Dr. Nissar Ahmad Choudhry ... 79% 3. Dr. Umar Javed Shah ... 73% The Competent Authority (Director of the Institute -Cum -Ex -Officio Secretary to Government) appointed Dr. Khursheed Ahmad Sheikh as Assistant Professor, General Surgery, in the Institute against the only available post in terms of Government Order No: 19 -IMS/95 dated November 29, 1995.
(2.) DR . Umar Javed Shah, the unsuccessful candidate, challenged the consideration and empanelment of Dr. Khursheed Ahmad Sheikh and Dr. Nissar Ahmad Choudhry and the subsequent appointment of Dr. Khursheed Ahmad Sheikh to the faculty position of assistant Professor, General Surgery in the Institute, in writ petition No. 689/96. In main, the challenge was thrown to the consideration and empanelment of the two doctors and appointment of Dr. Khursheed Ahmad Sheikh on the ground of ineligibility, in so far as the two were alleged to have shortfall/lacked in experience in General Surgery, as Lecturers.
(3.) DR Nissar Ahmad Choudhry, in another writ petition No. 177/97, challenged the selection and appointment of Dr Khursheed Ahmad Sheikh to the faculty position of Assistant Professor in Surgery in the Institute on the ground that he was more meritorious than Dr Khursheed Ahmad Sheikh. The Apical Selection Commission, unfairly and without merit put the selected candidate above him in the matter of assigning marks in publication in national and other medical journals. Petitioners publications were assessed for award of marks, whereas, the publications of selected candidate were over rated and excessively marked. Dr. Khursheed Ahmad Sheikh is wrongly selected at his cost. The learned Single Judge after hearing counsel for the writ petitioners and respondents dismissed both the petitions by a common judgment on April 3, 1998.;


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