Early Times Report
Srinagar, Nov 15: The government or the selection body is within its rights to consideration zone in a selection process to choose the best of the lot, the J&K High court has held while dismissing clubbed petitions which contended that selecting authority was stopped from re-advertising the post prescribing a new eligibility criteria on the basis of amended rules of recruitment.
"Widening of the consideration zone does not impinge upon the right of consideration of a candidate in a selection process. The government or the selection body is within its rights to do so to choose the best of the lot. In law, to ask for restricting the consideration zone to a few candidates cannot be said to be founded on the doctrine of legitimate expectation, nor can any discrimination, muchless hostile discrimination be read in such a situation," a bench of Justice Ali Mohammad said.
"It is true that candidates who might not have been eligible when the first notification was issued may have gained the requisite eligibility by the date of issuance of the impugned notification, but, in the facts and circumstances of the case, that would not give the petitioners a cause to come to the court and seek directions of the nature prayed for herein," the court said.
"In light of the facts and circumstances of the case, there was no option left with the (J&K Public Service) Commission, but to do what it has actually done; consequently, there is nothing wrong in the impugned notification," the court added.
The Jammu and Kashmir Public Service Commission had issued Notification no.09-PSC of 2011 dated 02.06.2011, notifying certain posts of Lecturers in Super Specialities in Government Medical Colleges of Jammu and Srinagar, including in the disciplines of Endocrinology, Clinical Haematology and Medical Oncology. The last date for receipt of application forms was notified to be 04.07.2011 which was also stipulated to be the date for determining the eligibility. Subsequently, the Commission issued Notification no.58-PSC (DRP) of 2012 dated 25.09.2012, whereby, in supersession of the earlier Notification no.09-PSC of 2011 dated 02.06.2011, it invited applications on prescribed form for the posts of Lecturer in Super Specialities in Government Medical Colleges, Jammu/Srinagar as per the category-wise break up given therein. This notification did not notify the posts of Lecturers in all the disciplines those had been mentioned in the earlier notification dated 02.06.2011, particularly the disciplines of Endocrinology, Clinical Haematology and Medical Oncology. Notification no.58-PSC (DR-P) of 2012 dated 25.09.2012, however, bore a note that the rest of the disciplines notified vide notification no.09-PSC Page 3 of 18 of 2011 dated 02.06.2011 shall be re-notified as and when clarification was received from concerned Administrative Department.
Four years later, the Commission issued Notification no.03- PSC(DR-P) of 2016 dated 19.02.2016 inviting on-line applications for posts of Lecturer in certain disciplines in Super-Speciality Hospitals, Government Medical Colleges, Jammu/Srinagar, including the disciplines of Endocrinology, Clinical Haematology and Medical Oncology. The last date for filing of online applications was notified to be 23.03.2016/24.03.2016.
The petitioners sought directions to quash the Commission's notification no.03-PSC(DR-P) of 2016 dated 19.02.2016. They had also prayed for a direction to the respondents to adhere to the conditions of eligibility of the first and the second advertisement notice for selection to the post of Lecturer in the Super Speciality disciplines of Medical Oncology and Clinical Haematology in Government Medical College, Srinagar. |
