Excelsior Correspondent
JAMMU, Oct 15: Division Bench of High Court comprising Chief Justice N Paul Vasanthakumar and Justice Hasnain Massodi today held that interim order of the court cannot be disobeyed.
While dismissing two LPAs filed by Sher-e-Kashmir Institute of Medical Sciences, Soura, Division Bench directed respondents to permit the Dr Mushtaq Ahmad Laway to undergo the course of DM Gastroenterology in terms of his selection and admission for the Session 2015 and send intimation/report to the Medical Council of India forthwith.
The SKIMS had invited applications vide Notification dated May 22, 2015. Dr Mushtaq Ahmad Laway as well as Dr Hussainai S Haider Mehdi, amongst others, applied for selection/admission. After considering the merit position of the Dr Mushtaq Ahmad Laway, he was issued an admission/selection order on 25.06.2015 stating that he should get relieved from the Director of Health Services Kashmir, Srinagar and join the course before 31.07.2015.
As the 1st respondent got selection order for admission in DM Gastroenterology course, on 30.06.2015 he requested the Director Health Services, Kashmir to issue formal relieving order in his favour so as to enable him to join the course on or before 31.07.2015. A reminder was also sent by the 1st respondent and no action being taken till 14.07.2015, he was compelled to file petition praying for direction to the Director of Health Services Kashmir to relieve him so that he can join DM course pursuant to his selection and for direction.
“Admittedly Dr Hussainai S Haider Mehdi has secured only 100 marks in the selection whereas the Dr Mushtaq Ahmad Laway has secured 102.50 marks and the 1st respondent was also selected by the University for DM Course. Not issuing the relieving order in spite of the interim order granted by the Writ Court by the Director of Health Services Kashmir, has resulted the order of selection in favour of the Dr Hussainai S Haider Mehdi who was not placed in the selection list”, the DB observed.
“It is an admitted fact that Dr Mushtaq Ahmad Laway was relieved on 11.08.2015 by the Director Health Services after the Contempt Petition was filed. The relieving order having been obtained before 30.09.2015, Dr Hussainai S Haider Mehdi has no right to claim selection and admission to DM Gastroenterology seat, as he is not admittedly figuring in the select list though he secured 100 marks”, the DB said.
With these observation, Division Bench directed respondents to permit Dr Mushtaq Ahmad Laway to undergo the course of DM Gastroenterology in terms of his selection and admission for the Session 2015 and send intimation/report to the Medical Council of India forthwith.
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