SWP No. 940/2015 and MP No. 01/2015. Case: Mohammad Arif Lone Vs State of J&K and Ors.. Jammu and Kashmir High Court

Case Number:SWP No. 940/2015 and MP No. 01/2015
Party Name:Mohammad Arif Lone Vs State of J&K and Ors.
Counsel:For Appellant: Shuja-ul-Haq, Adv. and For Respondents: Sajad Ahmad Mir, Dy. AG
Judges:Mohammad Yaqoob Mir, J.
Issue:Service Law
Judgement Date:August 13, 2015
Court:Jammu and Kashmir High Court
 
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Judgment:

Mohammad Yaqoob Mir, J.

  1. For filling up various tenure posts of Registrars in Government Dental College & Hospital, Shireen Bagh Srinagar, applications were invited. Petitioner and respondent No. 3 applied as against one post of Registrar (Prosthodontics). After participation in the process, the Selection Committee in the award sheet recorded as under:

    "Since the PG degree of both the candidates is yet subject to the approval of DCI/GOR & as such the committee was not in a position to award the marks for such qualification, hence the committee recommends re-advertising the said post along with other vacancies."

  2. In the light of aforesaid conclusion of the Committee, the tenure post of Registrar/Tutor Prosthodontics was re-advertised on 01.04.2015. Again only two candidates i.e. petitioner and respondent No. 3 competed. The Selection Committee prepared the merit list wherein petitioner is shown to have secured 55 marks whereas respondent No. 3 is shown to have secured 68 marks. Respondent No. 3 has been awarded 20 marks for Post Graduation (MDS) whereas petitioner has not been awarded any marks but in the note the Committee has observed that "for MDS qualification of the petitioner, the Registration Certificate issued by J&K Dental Council is dated 20th Aril, 2015 whereas the cutoff date for submission of the form was 17.04.2015." It is on this basis, no marks have been awarded to his PG (MDS). For facility of reference, detailed position of the petitioner and respondent No. 3 is reproduced herein-below:--

  3. It is settled principle of law that if the qualification is acquired after the cutoff date of receipt of the application, same is not to be taken into consideration. In the instant case, the only star question for determination is as to whether petitioner had acquired the qualification of Post graduation(MDS) after the cutoff date. In this connection it shall be quite advantageous to precisely notice the position as it existed vis-à-vis Post-graduation of the petitioner.

  4. In terms of Section 33 read with Section 34 of The Dentist Act, 1948 (hereinafter for short referred to as the Act), name of the petitioner, on acquiring qualification of BDS, has been entered in the Register on 14.03.2009, as such, was registered. In terms of Section 40 of the Act, a registered dentist shall be entitled to have entered in the register any further recognized dental qualification which he may acquire and it is in terms of Section 40, an...

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