Srinagar, Aug 16: Division Bench of High Court has reserved the judgment in the case of a lecturer’s selection in Cardio Vascular Thoracic Surgery (CVTS) for Jammu Medical College.
 The division bench comprising Chief Justice F M Ibrahim Kalifulla and Justice Muhammad Yaqoob Mir while hearing the case whether two candidates were eligible for the post of lecturer in Cardio Vascular Thoracic surgery(CVTS) in Jammu Medical College where the post was advertised in 2007 reserved the judgment which would be pronounced later. 
 Dr Ishtiyaq, who was awarded the MCH degree by SKIMS was represented by Zaffar Shah while the other candidate Dr Arvind Kohli who was awarded the degree by JIMPER was represented by senior counsel, Bardhwaj.
 Senior counsel, Bashir Ahmad Bashir, who appeared for Dr Sham Singh argued before the Court that both the petitioners Ishtiyaq and Kohli were not eligible for the post as their degrees were not recognized by the MCI.
 Senior Counsel Zaffar Ahmed Shah while referring to 42nd amendment of the Indian Constitution informed the court that it has left any palpable impact on the state.
 “The 42nd amendment  of Indian constitution, carried out in 1976 has not affected the Jammu and Kashmir state, which continues to enjoy greater autonomy as against other states where the powers vest in the central government due to the amendment,” senior counsel, Zaffar Ahmed Shah argued before a Division Bench of the High Court.
 Shah argued that the decisions of the Supreme Court was delivered after 1976 when the amendment was carried out have to be appreciated in the context of the amendment. “The constitutional autonomy of the state can’t be allowed to be eroded in an indirect way,” he added.
 Counsel for the respondent, Bashir Ahmad Bashir argued that 42nd amendment has not affected the powers of the central government to legislate on subject falling under union list, therefore MCI Act and its regulations are binding upon all Medical Institutions of the country including Jammu and Kashmir.
 He argued that no doctor can be appointed as teacher who has not required medical qualification recognized by MCI figuring in schedule 1 of MCI act of 1956.
 “SKIMS MCH Cardio Vascular Thoracic Surgery was not recognized by MCI till March 2009, therefore Dr Ishtiaq was not eligible in 2007, when the advertisement notification for the post was advertised in Jammu Medical College,” Bashir Ahmed Bashir argued.
 He informed the DB that SKIMS has got recognition retrospectively from 1995 and referred to Apex court judgments in support of his arguments that cut of date fixed in advertisement notice is crucial and leaves no room for subsequent change or addition of qualification of any kind.
 “Same holds true with Dr Arvind Kohli who has done MCH from Pondichery, which was given JIMPER status of university by parliament in 2008. Before 2008 its MCH continued to be unrecognized hence he too was ineligible for the post,” Bashir argued.
 Shah informed the court that SKIMS had started the MCH course in 1995 with the permission of the MCI and the degree awarded by the SKIMS was recognized by the government which had initiated the course in the tertiary care hospital, making the applicant eligible for the post.
 Senior counsel Bhardwaj argued that the course by JJIMER was started with the permission of MCI and subsequently the parliament had passed the law giving status of central institution to JIMPER and all its degrees did not require incorporation by MCI.
 After hearing the arguments of the parties and the Additional Advocate General, A M Magray, who defended the state in the case, the Court reserved the judgment, which would be pronounced later.

Lastupdate on : Tue, 16 Aug 2011 21:30:00 Mecca time
Lastupdate on : Tue, 16 Aug 2011 18:30:00 GMT
Lastupdate on : Wed, 17 Aug 2011 00:00:00 IST