HC stays selection of Lecturer (Surgery) in GMC Jammu

JAMMU, JUL 30: In a significant order issued today, Justice Janak Raj Kotwal of Jammu Kashmir High Court (Jammu Wing) has stayed the selection of Dr Talib Hussain S/o Jalal-ud-Din, R/o Hubbi (Koteranka), who has been selected as Lecturer (Surgery) in Govt. Medical College, Jammu under RBA Category. These directions were passed in a writ petition filed by Dr Sayeed Majid Malik, S/o Late Abdul Majid Malik, R/o Sigrawat (Darhal).
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 that Dr Talib Hussain entered Government service in the Health Department as Assistant Surgeon under ST Category vide Govt order no. 592-HME of 2011, dated October 28, 2011 and subsequently he applied for the post of lecturer (Surgery) under RBA category for GMC, Jammu pursuant to PSC Notification no 4-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 RBA category was not selected, being lower in merit than Dr Talib Hussain.
Advocate Sheikh Shakeel Ahmed appearing for the petitioner (Dr. Sayeed Majid Malik) submitted that selection of Dr Talib Hussain is in contravention of section 19 of J&K Reservation Act, 2004 which provides that a candidate belonging to more than one category shall be entitled to claim benefit of reservation only in one category, as per his choice, for appointment or promotion in Govt service or admission in professional institutions, as the case may be.
After hearing both the sides at length, Justice Janak Raj Kotwal observed that 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 Govt service under ST category.
Justice Janak Raj Kotwal further observed that prima facie case for showing indulgence in favour of the petitioner has been found and issued notices to the Commissioner/Secretary to Govt of J&K, Health and Medical Education Department, Principal GMC Jammu, Secretary J&K Public Service Commission and Dr Talib Hussain, both in writ petition as well as in the miscellaneous petition and as ad-interim subject to objections and till next date before the Bench, Justice Janak Raj Kotwal stayed the selection of Dr Talib Hussain for the post of Lecturer (Surgery) for GMC Jammu.(JNF)