Early Times Report
Jammu, June 14: State High Court set-aside the advertisement notice no.07 of 2016 dated 05.09.2016 for the appointment of Professor, Anesthesiology.
This significant direction has been passed in a petition filed by Dr. Bashir Ahmad Dar who working as an Additional Professor in the Department of Anesthesiology and Critical Care, Sher-i-Kashmir Institute of Medical Sciences, Soura, Srinagar (SKIMS), had offered his candidature for the post Professor, Anesthesiology, advertised by SKIMS. The advertisement notice, apart from other conditions of eligibility, prescribed the essential experience for candidates.
Justice Ali Mohammad Margrey after hearing both sides observed that one thing is established beyond any doubt that the documents/certificates produced by the petitioner to support his claim of having acquired teaching experience while working in KAAH, MoH KSA have not been considered or taken into account. The petitioner's fundamental right of consideration has thus been violated.
Justice Ali Mohammad Magrey further observed that so far as the petitioner's second writ petition, SWP no.1763/2016, is concerned, Court have already said that the advertisement of the post during the pendency of the petitioner's first writ petition and during the currency of the interim direction was certainly an action non-est in the eyes of law. Such action cannot withstand the scrutiny of law. The advertisement notice no.07 of 2016 dated 05.09.2016 to the extent it advertised the post of Professor, Anesthesiology, deserves to be set aside. It is so ordered and the writ petition is, accordingly, allowed to that extent. |
