NISAR AHMAD CHOWDERY Vs. INSTITUTE OF MEDICAL SCIENCES
HIGH COURT OF JAMMU AND KASHMIR
Nisar Ahmad Chowdery
Institute Of Medical Sciences
Click here to view full 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
(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.;
Copyright © Regent Computronics Pvt.Ltd.