GEETIKA GUPTA AND ORS. Vs. STATE AND ORS.

JUDGEMENT

(1.) THE petitioners in this batch of writ petitions are calling in question the validity of selections and consequent recommendations for appointments made by the J&K Public Service Commission, (hereinafter called the Commission), to the Government for the posts of Assistant Surgeons. Health & Medical Education Department of the J&K State vide its No. HT(GAD)131/95 dated 11.12.2002 referred 31 posts of Assistant Surgeons to the Commission. Then vide another communication No. HD(GAD)131/95 dated 20.1.2003, Health & Medical Education Department referred 190 more posts of Assistant Surgeons to the Commission. Three posts of Assistant Surgeons in open merit category were already pending for selection with the Commission. Thus in all the Commission stood referred 224 posts as per the following break -up: - -

(2.) THE Commission vide its notification No. 06/PSC of 2003 dated 23.6.2003 however advertised 221 posts for selection against the posts of Assistant Surgeons in the pay scale of Rs. 8000 -13500 as per category wise break -up. Last date for receipt of applications was fixed as 7.8.2003 by personal delivery and 14.8.2003 by post delivery.

(3.) AFTER receiving requisition of the aforesaid 206 posts the Commission vide its Notification No. 16/PSC of 2003 dated 28.11.2003 notified 209 posts, including 03 open merit vacancies already pending with the Commission for being filled up as per the break -up received. The last date for receipt of applications fixed in the notification was 9.12.2003 for personal delivery and 26.12.2003 for postal delivery. Thus in both the notifications total posts advertised for selection were 430. 114 Open merit, 181, RBA, 56 St, 24 SC, 30 ALC, 19 Social cast, and 6 under HP Category. The qualification prescribed by the advertisement notices was possession of a recognized medical qualification included in the 1st and 2nd schedule or Part -II of the 3rd schedule/other than Licentiate qualifications to the Indian Medical Council Act 1956. The holders of educational qualifications, included in Part -II of the 3rd schedule were required to fulfill the conditions stipulated in Sub -section (3) of Section 13 of the Indian Medical Council Act, 1956. It was also stated in the advertisement that: -