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| HC declines to upset selection of dental surgeons Early Times Report | | | Early Times Report
Jammu, Nov 19- In a petition filed by Dr. Neeru Sharma challenging the selection of 11 Dental Surgeons, the Jammu and Kashmir High Court today declined to upset the selection as the respondents doctors are in the government service for the last eight years.
Justice JP Singh after considering the submissions of the counsels appearing for the parties and going through the judgment in Inder Parkash Gupta’s case, observed that although the Supreme Court had found commission’s keeping 100 marks for viva-voce test to determine the suitability of the candidates, contrary to the law laid down by the Court. Yet the direction, which in circumstances of the case, had been issued by the Court, to the PSC was to recast the rule, meaning thereby that the vice in the rule had been directed to be removed by the PSC so that it did not affect the selections to be held after the judgment. The selection of private respondents having taken place prior to the judgment of Supreme Court of India the vice pointed out in the rule by the petitioner’s counsel, may not thus affect the selection of respondents, as such, in the present case too, as it would not be in the interest of justice to upset the selection and appointment of respondents who are serving the state for the last eight years as the dental surgeons. That apart, the evaluation of the merit of the respondents by the commission is not found based solely on their performance at the interview, while evaluating the merit of the petitioner and the respondent, along with other candidates, the commission had evaluated their merit on the basis of their performance at the interview, giving due weight-age to them for their academic merit as well. With these observations Court did not find any merit in the petition and dismissed the same.
Counsel appearing for the PSC submitted that the final verdict on Rule 51 of J&K PSC Rules 1980 was delivered by the Supreme Court of India in a case Inder Parkash Gupta Vs State of J&K, in terms the selections made prior to the judgment had been saved in Rule 51, in terms of the judgment had to be recast for further selections. JNF
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