Cm Nos. 8850/2019 vs Dr. Arti Sarngal
2021 Latest Caselaw 141 j&K

                                                                                            210
                       HIGH COURT OF JAMMU AND KASHMIR
                                   AT JAMMU
                                            LPA No. 246/2019
                                            CM Nos. 8850/2019,
                                            7626/2019 & 7627/2019
           State of J&K and others                        ....Appellant(s)

                                     Through :- Mr. H.A. Siddiqui, Sr. AAG.


                                    V/s
           Dr. Arti Sarngal                                                   ....Respondent(s)
                                     Through :- Mr. Sushil Chandel, Advocate.

           Coram: HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, JUDGE
                  HON'BLE MR. JUSTICE PUNEET GUPTA, JUDGE
                                                      ORDER

17.02.2021

1. This is a Letters Patent Appeal preferred against the judgment and

order dated 06.03.2019 passed in SWP No. 353/2019. The main argument of

learned counsel for the appellants is that the writ petition was disposed of

without notice to the appellants.

2. It was urged that the appellants would feel satisfied, if their point of

view was considered by the writ court after affording them an opportunity of

being heard.

3. Admittedly, the petition was disposed of without issuing notice to the

appellants. In the ordinary circumstances, we would have no objection to set

aside the impugned order and remand the matter to the writ court for disposal

on merits afresh, however, we feel that the issue requires to be dealt with

urgently. The matter pertains to the selection and appointment to the post of

Demonstrator in Biochemistry in Government Medical College, Jammu. The

petitioner-respondent herein applied through proper channel as an inservice

candidate, being an employee of the Health Department where the

petitioner-respondent herein was working as a Medical Officer. The case of the

RAM KRISHANrespondent was considered and she stood selected, however, the order of 2021.02.18 17:18 I attest to the accuracy and integrity of this document

engagement of the respondent stated that she would have to obtain a proper

relieving order from the concerned authority within 21 days from the date of

the engagement order.

4. In the present case, the said permission was denied to the respondent

on the ground that she had already undertaken a tenure as Demonstrator in

Forensic Science in the year 2014. Reliance is placed upon a policy decision

Nos. 164-HME of 2012 dated 02.03.2012 & 03-HME of 2019 dated 27.05.2019

to show that the respondent was not eligible at all for appointment.

5. We have gone through the aforesaid policy decision, which can only

be said to be prospective inasmuch as much before the date of policy document

of 2019, the process of selection had already been initiated in the year 2018 .

6. Learned counsel for the respondent further tried to emphasize that

2019 policy was continuation to the policy declared in 2012. We have also

gone through the Government Order of 2012, which, however, does not deal

with the issue at all and may be irrelevant.

7. With a view to cut short the controversy and to give an additional

opportunity to the appellants, we deem it appropriate to allow the appellants to

file a detailed response to the writ petition filed by the respondent so that the

issue can be resolved at an earliest with a view to prevent any injustice being

meted out to the respondent.

8. In view of the urgency, the matter shall be listed on 22.02.2021.

9. In the meantime, objections, if any, be filed.

10. Mr. H.A. Siddiqui, learned Sr. AAG has no objection to the

resolution of the present dispute by this Court in the aforementioned manner.

                                           (Puneet Gupta)               (Dhiraj Singh Thakur)
                                               Judge                          Judge
           JAMMU
           17.02.2021
           (Ram Krishan)
RAM KRISHAN
2021.02.18 17:18
I attest to the accuracy and
integrity of this document