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| DB upholds selection of 33 Dental Surgeons | | | Et report
Jammu, Sept 11: Division Bench of State High Court comprising Justice Virender Singh and Justice AM Magrey has upheld the selection of 33 dental surgeons in Health and Family Welfare Department.
The judgment written by Justice AM Magrey for the Division after hearing Adv Sudesh Sharma appearing for the petitioners whereas Sr. Adv DC Raina with Adv Ananta Raina appearing for the PSC observed that the instant In terms of notification dated 23rd June, 2003, respondent No. 2 (Jammu and Kashmir Public Service Commission) invited applications from the candidates fulfilling the eligibility criteria prescribed under the Recruitment Rules and reflected in the notification, for 33 posts of Dental Surgeon in the Pay Scale of Rs. 8000-13500 in Health and Family Welfare Department of the State Government.
The petitioners, respondents 3 to 58 and other eligible candidates responded to the advertisement notice.
The selection process was completed and list of selected candidates published on 23rd August, 2005. The selected candidates were appointed as Dental Surgeons vide Government order No. 459-HME of 2005 dated 29.08.2005. The petitioners did not find place in the select list and therefore were not appointed as Dental Surgeons.
Petitioners feeling aggrieved of their non selection filed writ petition and challenged the selection of private respondents 3 to 58 on the grounds set out in the writ petition and sought quashment of notification dated 23rd August, 2005 whereby the select list has been notified and the Government order No. 459-HME of 2005 dated 29.08.2005 appointing selected candidates as Dental Surgeons in the grade of Rs. 8000-13500. Petitioners also prayed for writ of certiorari, seeking quashment of Rule 51 of Jammu and Kashmir Public Service Commission Rules (Business and Procedure Rules) 1980, issued vide notification No. 164-PSC of 2004 dated 25.10.2004 and writ of mandamus commanding the respondent No. 2 to recast the merit list and declare petitioners selected as Dental Surgeons.
Sr. Adv DC Raina, appearing for the Public Service Commission has submitted that the validity of these Rules has already been examined in various petitions, holding the same to be valid. Rule-51 though held good by the Division Bench vis-à-vis the selection of Engineers, there is stark difference in the Rules of both the services viz., J&K Engineering (Gazetted) Service and Medical Education (Gazetted) service.
In Engineering Service there is no such rule providing statutory method of selection as is found in Rule 8 of Rules 1979.
Division Bench observed that there was no substance in the argument that Rule- 51 earmarks more than 50 marks for interview/viva-voce and therefore, is arbitrary in character and violative of Article 14 and 16 Constitution of India and dismissed the appeal being with any merit. JNF |
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