Dhiraj Singh Thakur, J. - (1.) PETITIONER claims to have been appointed as Assistant Professor in Ophthalmology in the Jhelum Valley College of Medical Sciences (JVCMS) in the year 1996. Subsequently, the said Medical College was taken over by Sher -e -Kashmir Institute of Medical Sciences, Soura pursuant to Govt. Order dated 12th of October, 1998. The petitioner claims that upon such a takeover, he was appointed as Assistant Professor and Head of Department, Ophthalmology, SKIMS Medical College and continued as such upto 18.7.2005. Subsequently, he was promoted as Associate Professor and HOD on 19.7.2005 and worked as such upto 29th of October, 2010 when he was appointed as Professor and HOD. In the present petition, the petitioner challenges the Govt. Order bearing No. 118 -SKIMS of 2012 dated 6.11.2012 issued by respondent No. 3 i.e., Director, SKIMS. He also seeks a mandamus against the respondents to follow Govt. Order No. 08 -SKIMS of 2005 dated 29.1.2005 for filing up the post of Principal, SKIMS Medical College and Hospital, Bemina Srinagar.
(2.) THE impugned order dated 6.11.2012 has been challenged primarily on two grounds: Firstly, that the order dated 6.11.2012 is discriminatory as it prescribes an upper age limit for the post of Principal as 58 years in regard to the faculty of SKIMS Medical College and Hospital, Bemina, Srinagar as against 60 years in respect of faculty of SKIMS, Soura. It is urged that the faculty of SKIMS Medical College has been discriminated as regards the age limit qua the faculty of SKIMS Soura. An apprehension has been expressed that faculty of SKIMS, Soura would be adjusted as Principal thus turning the post of Principal as a post -retirement refuge for the faculty of SKIMS Soura.
(3.) THE second ground on which the order impugned has been challenged is that the essential qualification and experience prescribed for the post of Principal were much higher than the one prescribed for filling up the post of Director, SKIMS and on that ground, it was urged that the same was required to be quashed as arbitrary.;