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Judgment
J.P. Singh, J.—Petitioners are serving as Medical Officers (Ayurvedic) in the Department of Indian System of Medicines in the Health and
Medical Education Department of the State Government. They have approached this Court seeking a command to the State-respondents and the
Jammu and Kashmir Public Service Commission to adhere to the Jammu and Kashmir Indian System of Medicines (Gazetted) Service
Recruitment Rules, 2006, while filling up the posts of B-Grade Specialist (Ayurvedic) in the Jammu and Kashmir Indian System of Medicines
(Gazetted) Service, besides a Restraint Writ against the respondents not to operate Government Order No. 406-HME of 2001 dated 16.07.2001
in filling up the aforementioned posts.
Admitting the petitioner's contention in the Writ Petition that posts of B-Grade Specialist (Ayurvedic) in the Jammu and Kashmir Indian System
of Medicines (Gazetted) Service are required to be filled up in accordance with the provisions of the Rules published vide SRO 379 of 2006 dated
December 12, 2006, it is stated by the respondents that before coming into force of the SRO 379 of 2006, the State Government had been
making promotions against the available posts in the service pursuant to Government order No. 406-HME of 2001 dated 16.07.2001.
In view of the stand which the State Government has taken in the case, no issue survives for adjudication.
This Writ Petition is, accordingly, disposed of as settled by providing that the State shall adhere to the Jammu and Kashmir Indian System of
Medicines (Gazetted) Service Recruitment Rules, 2006, while filling up the posts of B-Grade Specialist (Ayurvedic) borne on the cadre of the
Jammu and Kashmir Indian System of Medicine (Gazetted) Service.