Ali Mohammad Magrey, J. - (1.) Pursuant to two Notifications, bearing Nos.04-PSC of 2010 dated 4th of June, 2010 and 09-PSC of 2010 dated 28th of August, 2010, issued by the Jammu and Kashmir Public Service Commission (hereinafter referred to as the "Commission"), the petitioner, alongwith other candidates, applied for the post of Lecturer in Medicine in the Government Medical College, Srinagar/ Jammu. The petitioner was an open merit category candidate. After completion of the selection process, the respondent Commission published the select list dated 18th of January, 2011, wherein the name of the petitioner did not figure. Thereafter, on the recommendations of the Commission, the selected candidates were appointed as Lecturers in the Government Medical College, Srinagar in terms of Government Order No. 72-HME of 2011 dated 28th of January, 2011. Aggrieved thereby, the petitioner approached this Court through the medium of SWP No.148/2011. The said writ petition, on consideration and in terms of judgment dated 31st of August, 2012, came to be disposed of by this Court, operative portion whereof reads thus: "13. In the aforementioned backdrop, and in view of peculiar circumstances of this case and in the interests of justice, without disturbing the selection already made by the Commission, I deem it proper to direct the Commission to examine the case of the petitioner afresh after obtaining opinion from an expert body as to whether the petitioner is entitled for any marks for 15 publications, besides the experience gained by him, as is discussed hereinabove and if so, the petitioner should be given the requisite marks. And after award of such marks, if he makes the grade, he shall be considered for selection/ appointment against the post which was directed to be kept vacant in terms of order dated 21.07.2011, or against any other available vacancy." Thereafter, the respondent Commission issued the consideration order dated 8th of January, 2013, whereby the claim of the petitioner was rejected. This consideration order has been assailed by the petitioner herein this petition.
(2.) Mr Bhat, the learned counsel for the petitioner, submits that by judgment dated 31st of August, 2012, passed by this Court, the respondents were directed to reconsider the matter in light of the observations made in the judgment as the publications as well as the experience of the petitioner were not taken into consideration by the Commission on the basis of which he was entitled to be given 72 points and that the calculation of marks by the Committee was absolutely arbitrary and illegal which had awarded only 67 points to the petitioner. It is contended that notwithstanding the directions passed by this Court, the respondents, again, did not take into account the said experience and publications in favour of the petitioner and no reasons have been recorded in the consideration order as to why marks have not been given for the said publications and experience. The learned counsel further pleads that the publications and experience of the petitioner were considered by the Commission in a subsequent selection process, when the petitioner competed the process of selection initiated for the post available in Government Medical College, Jammu, wherein the petitioner was awarded 77 marks on the basis of same criteria which was in vogue at the time of the earlier selection process. In that backdrop, the learned counsel has further proceeded to state that it clearly establishes the claim of the petitioner that petitioner was entitled to 72 marks in earlier selection process and was deserving to be selected against the available post in Government Medical College, Srinagar. It is further submitted that the other reasons with regard to publications and experience given in the said consideration order are also contrary to the record and are in conflict to the decision of the Commission itself. The petitioner's experience gained after Post-graduation has not been considered and the publications of the petitioner has not been considered when same publications have been awarded marks in subsequent selection process. Therefore, the action of the respondents is absolutely unjustified and arbitrary. The further claim of the petitioner has reference to his permanent adjustment in Government Medical College, Srinagar, in continuation to Government Order No. 199-HME of 2015 dated 4 th of June, 2015. It is submitted that during the pendency of the writ petition and while the petitioner is continuing as Lecturer (Medicine), Government Medical College, Srinagar, pursuant to Government Order (supra), the post has become available as Dr. Vinod Mitla, Lecturer (Medicine), Government Medical College, Srinagar, under transfer to Government Medical College, Jammu, has left the job, as is evident from the withdrawal of writ petition bearing SWP No. 357/2018 filed by the said Vinod Mitla, where he had made a claim for his continuation as Lecturer (Medicine) Government Medical College, Jammu, which writ petition stands dismissed on 25th of April, 2019. It is further submitted that the petitioner, admittedly, continued as Lecturer either on academic arrangement or on permanent basis from 22nd of October, 2011, as the petitioner's appointment against the available post was made vide Government Order No. 577-HME of 2011 dated 22nd of October, 2011.
(3.) The respondent No.3 has filed objections, wherein it is stated that the competent authority only after considering the matter in light of the judgment and after obtaining the opinion of the expert, the case/ claim of the petitioner was rejected in view of the merit position having remained unchanged and petitioner having not fallen within the selection zone.;