AI Structured Summary
Not yet generated for this judgment
Judgment
Petition admitted with the consent of the parties taken up for final disposal.
Government Medical College, Jammu has invited application for the post of demonstrator in Physiology and Bio chemistry. The essential
qualification has been indicated as M.B.B.S with field service certificate for two years. Copy of advertisement notice has been placed as Annexure
A"". Petitioner is aggrieved qua the qualification which has been prescribed for filling the post.
Petitioner submits that previously M.Sc. Biochemistry qualification was found to be sufficient for the post of demonstrator in Government
Medical College. Names of some of persons who have been holding the posts have been given in paragraph 5(ii) of the writ petition. Petitioner
submits that she has been an outstanding student. As per her, fourteen published papers are to her credit. It is submitted that qualification for
M.B.B.S. has been fixed in breach of J&K Medical Service Recruitment Rules 1979. It is stated in the schedule appended to the rule, infact
M.Sc. qualification has been considered to be sufficient for the post of demonstrator. It is submitted that qualification fixed are not in accordance
with rule referred to above.
Respondent No. 2 has filed objections.
It is admitted that for the post of demonstrator M.Sc. qualifications in Biochemistry is basic qualification. Petitioners assertion that earlier
persons possessing same qualification also were given appointment has not been denied. If this be the petition then petitioner is well within her
rights to contend that in notification as contained in Schedule II attached with Medical Recruitment Rules 1979 the basic qualification is M.Sc.
Biochemistry and therefore she is further right in her submission that she has been wrongly excluded. There is thus apparent merit in the contention
put across by the petitioner.
It be seen that on 4th of August, 1997 respondents were directed to accept the application of the petitioner and she was permitted to compete
for the post of demonstrator in Biochemistry, Government Medical College. This petition is allowed accordingly.