Early Times Report
Jammu, Nov 18 : A Division Bench of State High Court today allowed two appeals filed by Public Service Commission and Ajay Kumar regarding the appointment of Lecturer in Anesthesiology in GMC Jammu.
The Appellant, Dr. Ajay Kumar and respondent, Dr. Mushtaq Ahmed (herein after referred to as the writ petitioner) applied for the vacancy under RBA Category.
The judgment written by Justice Janak Raj Kotwal for the Division Bench, after hearing battery of lawyers observed that in the case, given that the writ petitioner had been awarded the MD Degree after undergoing Postgraduate Diploma in a shortened period of two years. Because of his possessing the said Diploma, it would not be correct to say that the said Diploma can still be treated as an additional qualification independent of MD Degree.
"If two years diploma in such a case is treated as a higher qualification, the insertion of term 'Additional Marks for Higher Qualification' as Headnote shall be rendered redundant and superfluous, which cannot be permitted", the DB observed.
Division Bench is are not persuaded to concur with the view taken by the Writ Court that the awarding of Degree is entirely a different issue which falls within the domain of University/Education Institute concerned. View taken by the Writ Court, which was in oblivion to the recasting of the Rule 51, is not correct interpretation of the Rule.
Division Bench is of a considered view that no case for interfering with the view taken by the Commission in not awarding two marks to the writ petitioner for the Diploma possessed by him is made out and the writ petition did not deserve to be allowed. While replying in negative the proposition involved in this case, find merit in these appeals. Accordingly, the same are allowed and judgment and order of the Writ Court is set aside and resultantly writ petition is also dismissed.(JNF) |
