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| DB upholds selection of 321 Dental Surgeons | | | Et Report
Jammu, Aug 17: Division Bench of State High Court comprising Chief Justice MM Kumar and Justice Tashi Rabstan has upheld the selection of 321 Dental Surgeons.
The selection was challenged on various grounds including the selection was tainted with malafides inasmuch most of the selectees were those who were relatives of either members of the Commission or were kith and kin of the Ministers and higher ups in the bureaucracy. The selection was also challenged on the ground that the select list could not be construed and justified as one of the members of the Selection Committee, namely, R L Bharti, did not sign the select list. This approved for judgment written by Justice Tashi Rabstan for the Division Bench after hearing senior advocate Surinder Kour with advocate Vandana Kumari for the petitioners, Neeru Goswami for the state and senior advocate DC Raina with advocate FA Natnoo for the PSC observed that judgment of the single judge has been assailed by the petitioners-appellants in this appeal primarily on the grounds that the select list as well consequent appointment orders issued in favour of selected candidates were bad in the eyes of law for the reasons that the select list has been prepared by only two members of the Selection Committee whereas third member R L Bharti though participated in the process of viva-voce, did not sign the same for the reasons that the same had not been drawn in accordance with law."The basis of assessment had thus changed as instead of three, only two members of the Selection Committee had assessed the candidates during viva-voce and assessment made by Bharti was not available. It was contended by learned counsel for the writ petitioners-appellants that failure of one of the members to sign the select list was sufficient to vitiate the whole selection process," the DB observed. "After gone through record produced by F A Natnoo, learned counsel for the Commission the DB found that the single judge did not commit any error to reach the conclusion that select list was not vitiated on account of non-signing of the same by Bharti, particularly, when Commission had subsequently considered the matter in its extra ordinary meeting and taken unanimous decision to release the select list.""Bharti participated in that meeting and duly signed the select list. It is no doubt an irregularity but it is not fatal to the selection. It has been cured by subsequent signing the proceedings," with these observations Court dismissed the LPA and upheld the judgment of Writ Court whereby it upheld the selection. (JNF) |
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