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HC relief for medico
2/7/2009 9:56:15 PM
Early Times Report
Jammu, Feb 07- The Jammu and Kashmir High Court today came to the rescue of Dr. Zulfiqar when it permitted him to apply for undergoing post graduate courses in any other specialty in the State Medical Institutions.
Disposing off the petition filed by Dr .Zulfiqar challenging SRO 8/2005 debarring the doctors, who are doing post-graduation/diploma courses in any specialty at Government expenses, from undergoing post-graduate courses in any other specialty in the State Medical Institutions till completion of their post-graduation/diploma courses, Justice YP Nargotra of J&K High Court permitted the petitioner to apply in terms of Advertisement Notice issued by the BOPEE on January 21, 2009 on his own risk and responsibility and directed the respondents to allow the petitioner to participate in the selection process. However, his result shall not be declared till further orders.
The petitioner undergoing diploma course in Pathology is desirous of offering his candidature for MD/MS Course in response to advertisement Notice 2-BPEE of 2009 dated January 21, 2009. One of the conditions mentioned in the advertisement notice is that a candidate must be eligible in terms of SRO 8/2005.
Senior Advocate AV Gupta with Advocate HA Siddiqui appearing for the petitioner submitted that right of acquiring education is a fundamental right, which cannot be taken away from him and in view of the conditions mentioned in the said SRO, the petitioner is not eligible and challenging the validity of the said SRO. Upon this, the Court issued notice with the direction that the steps for service of respondents to be taken within a week's time. Dasti Service is also permitted and allowed the petitioner to participate in the selection process for MD/MS Courses. JNF
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