HC stays selection to post of Lecturer Surgery in GMC

By
Daily Excelsior
-

Excelsior Correspondent
JAMMU, July 30: In a significant order, High Court has stayed the selection of Dr Talib Hussain of Koteranka to the post of Lecturer Surgery in the Government Medical College Jammu under RBA category.
The order was passed in a writ petition filed by Dr Sayeed Majid Malik, son of late Abdul Majid Malik of Darhal.
Advocate Sheikh Shakeel Ahmed appearing for the petitioner submitted, “selection of Dr Talib Hussain is in contravention of Section 19 of the J&K Reservation Act, 2004 which provides that a candidate belonging to more than one category shall be entitled to claim the benefit of reservation in one category only, as per his choice, for appointment or promotion in Government service or admission in professional institutions, as the case may be”.
After hearing Advocate Sheikh Shakeel Ahmed with Advocate Suyash Singh Chandel appearing for the petitioner and Advocate Abhinav Sharma appearing for Dr Talib Hussain, Justice Janak Raj Kotwal observed, “Dr Talib Hussain entered Government Service in the Health Department as Assistant Surgeon under ST category and subsequently he applied for the post of Lecturer Surgery under RBA category for GMC, Jammu pursuant to PSC Notification No.04-PSC (DR-P) of 2016 dated February 24, 2016”.
“Dr. Talib Hussain was selected under the RBA category and the petitioner who had also applied under the RBA Category was not selected being lower in merit than Dr Talib Hussain”, High Court further observed, adding “the question raised primarily and inter-alia is, whether the bar contemplated under Section 19 of the J&K Reservation Act 2004 will apply to Dr Talib Hussain in seeking appointment under RBA category for earlier having entered Government service under ST category”.
“Prima facie case for showing indulgence in favour of the petitioner has been found”, High Court said and issued notices to the Commissioner/Secretary to Government Health and Medical Education Department, Principal GMC Jammu, Secretary J&K Public Service Commission and Dr Talib Hussain.
Till next date before the bench, Justice Janak Raj Kotwal stayed the selection of Dr Talib Hussain for the post of Lecturer Surgery in GMC Jammu.

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