Excelsior Correspondent
JAMMU, May 5: High Court today imposed Rs one lakh cost on the Commissioner/ Secretary to Government, Health and Medical Education Department and directed the State to strictly follow Rule-5 of J&K Reservation Rules in the matter of appointments and maintain roster in respect of each service, class, category and grade in the services.
The High Court also quashed the Notification No.06-PSC (DR-P) of 2015 dated June 5, 2015 issued by the Public Service Commission so far as it pertains to filling up one post of Lecturer in the discipline of Oral and Maxillofacial Surgery under RBA category in the Indira Gandhi Government Dental College.
The judgment was passed in a petition filed by Dr Sanjay Kumar Bhagat seeking quashment of notification on the ground that the same ought to have been reserved and filled-up from amongst the candidates belonging to Scheduled Caste Category in terms of Rule 5 of the Jammu & Kashmir Reservation Rules, 2005.
After hearing both the sides in length, Justice Tashi Rabstan said, “in view of quashing of impugned notification as well as selection of Dr Amrit Pal Singh, the Commissioner/ Secretary Health and Medical Education is directed to refer the post of Lecturer in the discipline of Oral & Maxillofacial Surgery under Scheduled Caste Category strictly in terms of Rule-5 of J&K Reservation Rules, 2005 to the Public Service Commission within a period of four weeks from today”.
“On referring the post, Public Service Commission is directed to notify the same within a period of next two weeks and on notifying the post, petitioner will also be at liberty to apply for the same along with other eligible candidates, if any”, High Court further said, adding “in case petitioner applies and gets selected against the post-in-question, he will be entitled to all consequential benefits including seniority etc minus the monetary benefits from the date Notification No.05-PSC of 2014 dated 03.03.2014 came to be issued”.
Justice Tashi Rabstan also projected the concern of court that in many cases it is being observed that the stand of State-respondents is either evasive or without any footing, and even they go to the extent of making false statements so as to justify their illegal acts, as in the present case, without bothering that their such statements are supported by affidavits and can be held liable for committing perjury.
“The perpetrator of wrong doer in the present case is Commissioner/Secretary Health and Medical Education and for his illegal acts petitioner has been made to suffer”, High Court said, adding “in the given circumstances Commissioner/ Secretary Health & Medical Education is burdened with cost of Rs one lakh to be deposited by him in the Registry of this court within a period of one month from today”.
“On deposit, the same shall be released in favour of petitioner after proper verification and identification. It is made clear that in case Commissioner/ Secretary Health & Medical Education fails to deposit the cost, Registrar (Judicial) shall frame a separate robkar against him for defying the orders of court”, Justice Rabstan said.
Follow our WhatsApp channel