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| HC holds Asst Surgeons eligible for selection as Registrar | | Quashes Government order of 2007 | | EARLY TIMES REPORT
JAMMU, Nov 1: The Assistant Surgeons with one year’s experience as House Officer and Assistant Surgeons would be eligible for selection to the post of Registrar/Demonstrators held the Jammu and Kashmir High Court while quashing the Government order No 872-HME of 2007 dated December 20, 2007 being contrary to rules.
Justice Y P Nargotra allowed seven writ petitions filed by the Assistant Surgeons with the direction that respondents shall be free to issue fresh advertisement notice in accordance with the rules. This direction was passed in seven petitions filed by the Assistant Surgeons challenging the two years experience for deployment as Registrar/Demonstrators in GMC Jammu.
Justice Nargotra, after hearing Advocates RK Gupta, Abhinav Sharma, Rakesh Sharma, Yaseer Ejaz Tak and Swati Gupta, appearing for the petitioners whereas Deputy Advocate General Shahista Hakim and Adv FA Natnoo appearing for the state respondents, observed that method of requirement envisaged by the recruitment rules provides for deputation for the Medical Gazatted Service comprises of the members of service appointed on the classes and categories of the posts indicated in the scheduled appended to J&K Medical (Gazatted) Service Recruitment Rules 1970. As per the definition given in rules 3(c) the member of service means the persons appointed under the rules. Thus appointment to the post of Assistant Surgeon is not subject to completion of period of probation. In terms of rule 9 probation follows the appointment because as per the said rule the person appointed to any class or category in the service are required to be on probation. Therefore, the moment an Assistant Surgeon is appointed, he becomes the member of service. Therefore, if such Assistant Surgeon has one year experience of House Officer, he would be eligible for selection immediately after his appointment..
In detailed judgment Justice Nargotra further observed that the Government order dated December 20, 2007 cannot be legally sustained, as it has rendered the eligible Assistant Surgeons ineligible for selection, consequently, the impugned advertisement notice too cannot be declared legally valid. |
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