STATE TIMES NEWS
JAMMU: A Bench of Central Administrative Tribunal (CAT) at Jammu comprising Dr Bhagwan Sahai (A) and Rakesh Sagar Jain (J), while allowing petition filed by one Dr Rajeev Gupta, ordered that impugned selection list issued vide Notification no. 01-PSC (DR-S) of 2018 dated February 9, 2018 whereby respondent (Mohd Hussain Mir) was selected a Lecturer, Super Specialty Hospital (Medical Oncology) (GMC Jammu) was set aside and other respondents were directed to consider candidature of applicant for post of Lecturer within a period of one month.
As per the case, the applicant pleaded that he having qualification of MBBS, MD (Medicine) and DNB (Medical Oncology) and participated in various national and international seminars, had applied for the post of Lecturer in Medical Oncology in Super Speciality Hospital, Government Medical College, Jammu in pursuance to notification No.:03-PSC (DR-P) of 2016 dated February 19, 2016 issued by Public Service Commission. The interview for the post of Medical Oncology was conducted on January 23, 2018 and thereafter respondent issued impugned final selection list, selecting respondent (Mohd Hussain Mir) instead of applicant despite fact that applicant is more meritorious. Moreover, certificate presented by the applicant regarding his participation as a speaker in the national and international seminars was not considered by experts and no marks were given for it despite the fact that the applicant is entitled for the same.
CAT after hearing Adv Rohit Kohli for petitioner whereas Deputy AG Rajesh Thappa for the UT Govt and Adv FA Natnoo for PSC, observed that one can conceive a situation where the candidate happens to be a student of expert at one point of time and in that situation, we may agree with the argument of the counsel for respondent. In the present case, as per the assertion of counsel for the applicant, respondent was a student even on the date of interview and this assertion has not been denied by other respondents. With these observations, the CAT allowed petition and ordered that impugned selection list whereby respondent was selected as Lecturer Super Specialty Hospital (Medical Oncology) is set aside.