HC STAYS DOCíS APPOINTMENT
D A RASHID
Srinagar, Aug 21: High Court has stayed the appointment order of a doctor who was selected as a lecturer by the Public Service Commission under reserved category.
ďIn view of the case set up and failure of the respondents to file response, the appointment of Dr Javed Ahmad shall remain under stay till further orders,Ē reads the order.
Court of Justice Hasnain Massodi stayed the appointment after the petitioner Dr Ghulam Nabi Naikoo challenged the appointment through his counsel, M Y Bhat on the grounds that Dr Javed was not entitled to RBA reservation.
ďAs per section 2, (O) of 2004 Reservation Act and in keeping with rules dated October 28, 2005, the son/daughter of Governor, Chief Minister, Parliament Member, Member Legislative Assembly , Heads of Departments canít be appointed under reservation, even if they hail from the backward area,Ē the counsel for the petitioner argued in the court.
Dr Javed Ahmad originally hailing from Uri, the area which falls within the compass of backward area, was selected as lecturer in the Government Medical College Srinagar.
In his writ petition, the aggrieved doctor Ghulam Muhammad Naikoo has also questioned the authority of Deputy Commissioner Baramulla and Tehsildar Uri to issue the RBA certificate to the candidate.
Though the case was filed before the bench on February, 7, 2011, the respondent parties to the case did not file objections in the allotted time and eventually the court granted stay to the appointment order.
The respondent doctor and the appointed doctor had appealed against the advertisement notice dated August 26, 2010 issued by the respondent.
Lastupdate on : Mon, 22 Aug 2011 21:30:00 Makkah time
Lastupdate on : Mon, 22 Aug 2011 18:30:00 GMT
Lastupdate on : Tue, 23 Aug 2011 00:00:00 IST
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