SHEIKH MOHD SALEEM Vs. SHER-I-KASHMIR INSTITUTE OF MEDICAL SCIENCES

JUDGEMENT

(1.) The petitioner, Dr. Sheikh Mohd. Saleem, was appointed Lecturer in Sher-i-Kashmir Institute of Medical Sciences, Srinagar (hereinafter, the Institute) in July, 1989. At the time of his appointment, he was possessing Post-graduate degree in Medicines. He improved his academic qualification when he was admitted to the degree of Doctor of Medicines (D.M.) Neurology by the All India Institute of Medical Sciences, New Delhi (hereinafter AIIMS) in March, 1996. In 1993, while he was still pursuing the course in AIIMS, the Institute invited applications for different faculty positions in various disciplines. The petitioner applied for the position of Assistant Professor in General Medicines and was selected for the Post of Assistant Professor in General Medicines and appointed accordingly in 1993.

(2.) By advertisement notice dated 15.3.1997, the Institute again invited applications from eligible candidates for various faculty positions in different disciplines including Neurology.

(3.) Mr. R.A. Jan, appearing for the petitioner, argued that the expression "experience" appearing in the Advertisement notice must be interpreted in a broad and liberal sense otherwise it would work injustice to persons who were sponsored by the Institute to improve academic qualification for augmenting the patient care in the discipline of Neurology. Three years as Lecturer of Neurology, he argued, must be read in the capacity of and notion in the cadre post of Lecturer, since the petitioner possessed the requisite teaching experience as certified by the Dean of the Institute and Dean of Neurosciences Centre, All India Institute of Medical Sciences, New Delhi, he is eligible for the post.