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HC directs respondents to treat petitioner as Lecturer GMC Srinagar from 2011
6/8/2019 11:34:16 PM
Early Times Report

JAMMU, June 8: The High Court today heard a petition filed by Dr. Javed Ahmed Chachu challenging the order of PSC whereby the claim of the petitioner was rejected.
The petitioner submitted that pursuant to two notifications, bearing Nos.04-PSC of 2010 dated 4th of June, 2010 and 09-PSC of 2010 dated 28th of August, 2010, issued by the Jammu and Kashmir Public Service Commission (hereinafter referred to as the "Commission"), the petitioner, along with other candidates, applied for the post of Lecturer in Medicine in the Government Medical College, Srinagar/ Jammu.
The petitioner was an open merit category candidate. After completion of the selection process, the respondent Commission published the select list dated 18th of January, 2011, wherein the name of the petitioner did not figure. Thereafter, on the recommendations of the Commission, the selected candidates were appointed as Lecturers in the Government Medical College, Srinagar in terms of Government Order No. 72-HME of 2011 dated 28th of January, 2011.
Aggrieved thereby, the petitioner approached this Court through the medium of SWP No.148/2011. The said writ petition, on consideration and in terms of judgment dated 31st of August, 2012, came to be disposed of by this Court.
Justice Ali Mohammad Magrey after hearing both the sides observed that Testing the instant case on the touchstone of the law laid down above, it needs must be said that the case of the petitioner cannot be treated on a different footing as compared to the ones, who were appointed with him in pursuance of the notification issued by the Government for the appointment of the Lecturers.
Justice Magrey directed the respondents to treat the petitioner as having been notionally appointed as a Lecturer in Government Medical College, Srinagar from 28th of January, 2011, i.e. the date from which the selected candidates were appointed.
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