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1995 Supreme(SC) 1062

B.N.KIRPAL, K.RAMASWAMY
Commissioner/secretary To Government Health And Medical Edu. Deptt. Civil Sectt. , Jammu – Appellant
Versus
Ashok Kumar Kohli – Respondent


Advocates:
ANU MOHIA, ASHOK MATHUR, RANJIT GHOSAL, YATISH MOHAN VERMA

ORDER

1. Leave granted.

2. We have heard the counsel on both sides. We are concerned in this appeal with Clause (i) of the order dated May 29, 1995, namely, "the commissioner-cum-Secretary to Government, Health and Medical Education Department, Jammu shall present himself in the Court on the next date to inform the Court as to why and for what reasons the Court order has not been complied with." with regard to Clause (ii) of the order, we are not interfering.

3. It would appear that Dr. Ashok Kumar Kohli was one of the candidates selected by the Jammu & Kashmir Public Service Commission and stood at No. 4 in the select list. He was not appointed, to the post of lecturer in Opthomology Department of Jammu & Kashmir. He sought a writ of mandamus in W.P. 458/94. Pending disposal of the writ petition, certain directions seems to have been issued by the High Court and for its non-compliance, the above order came to be passed. For his entitlement to be appointed to the post pursuant to the selection made by the Public Service Commission, Dr. Ashok Kumar Kohli has taken the stand that the select list had not lapsed while the Governments stand is that the list stood lapsed with the expiry of

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