EARLY TIMES REPORT
JAMMU, Mar 5: In a petition filed by Dr Naseer Mir and others challenging the impugned condition numbers '02' and '04' of the Government Order No. 118-SKIMS of 2012 dated 06.11.2012 may be quashed and set aside and the impugned condition nos. iii and iv under the heading of "Other Terms and Conditions for the Post shall be as under" in the Advertisement Notice No. 01 of2021 dated 07.01.2021 may also be quashed and set aside.
Petitioner further seeking direction to respondents to conduct selection for the post of Principal in SKIMS-Medical College strictly in compliance with the Jammu and Kashmir Medical Education (Gazetted) Service Recruitment Rules, 1979.
Justice Ali Mohammad Magrey of J&K High Court while dismissing the petition observed that the petitioners, at the time of responding to the advertisement notice, gladly accepted the terms and conditions prescribed in the said advertisement notice without any protest and, as such, cannot, now, turn around and contend that certain portion of the advertisement notice is bad in law or violative of any of their rights. This conduct, on the part of the petitioners, itself, knocks the bottom out of the case set up by the petitioners in their petition.
Justice Magrey also observed that it is crystal clear that existence of a right is the foundation of the jurisdiction of a Court to issue a 'Writ of Mandamus'. In the case on hand, the petitioners have not been able to show as to which of their right has been violated by the respondents while fixing the eligibility criteria for the post in question, which can be directed to be enforced by way of issuing a 'Mandamus' from this Court. In this context, the irrefutable conclusion which can be drawn is that none of the rights of the petitioners stand violated by the respondents in the process of fixing the eligibility criteria for the post of Principal of the College for which a 'Writ of Mandamus' can be issued in their favour.
Justice Magrey after hearing both the sides do not find any merit in the instant petition which is, accordingly, dismissed along-with all pending CMs therewith. Interim directions, if any, subsisting as on date, shall stand vacated. (JNF) |
