JUDGMENT

JAGDISH SINGH KHEHAR, J.

1. Leave granted.

2. Consequent upon the creation of posts of Assistant Surgeons, the Health and Medical Education Department of the State of Jammu & Kashmir, addressed a requisition to the Jammu & Kashmir Public Service Commission (hereinafter referred to as “the Public Service Commission”) to recruit 1255 posts of Assistant Surgeons. Based on the aforesaid requisition, the Public Service Commission issued a notification dated 31.12.1996 for inviting applications for 1255 posts of Assistant Surgeons in the pay-scale of Rs.2200-4000. Based on the aforesaid notification, an advertisement dated 2.1.1997 appeared in newspapers inviting applications for 1255 posts of Assistant Surgeons, belonging to the Health and Medical Education Department.

3. In June, 1997 the Public Service Commission after completing the process of selection, prepared a select list of successful candidates. The names of the appellants herein, appeared in the list of successful candidates. Consequent upon the selection of the appellants as Assistant Surgeons by the Public Service Commission, the Department of Health and Medical Education, issued an order dated 12.8.1997 appointing the appellants against the advertised posts of Assistant Surgeons. An extract of the aforesaid order, relevant to the present controversy, is being reproduced hereunder:

“The candidates belonging to Jammu region shall report to Director Health Services, Jammu and those belonging to Kashmir region to Director Health Services Kashmir for further postings. As regards migrant candidates they shall report to Director, Health Services Jammu for further orders.” (emphasis is ours)

It is not a matter of dispute, that in furtherance of the order of appointment dated 12.8.1997, all the appellants reported to the Director, Health Services, Jammu as they all belonged to the Jammu region. The next step, as is evident from the extracted portion of the appointment order, was the appellants’ actual posting.

4. A Government Order pertaining to the posting of Assistant Surgeons, was issued by the Department of Health and Medical Education on 17.7.1997. Paragraph 5 of the aforesaid Government Order is relevant, and is accordingly being extracted hereunder:

“5. The Doctors appointed against General category shall be posted in various Hospitals in the following orders:

a) Allopathic Dispensaries

b) Primary Health Centres and Police Hospitals;

c) Community Health Centres;

d) Sub-District Hospitals;

e) District Hospitals;

f) Hospitals of Jammu and Srinagar including Evening/Urban Clinic and after that in Medical Education and other organizations;

g) Surgeons shall be posted only in such Hospitals where Operation Theatres are available and the Hospitals are housed in Govt. Buildings.”

Sub-paragraph (f) of paragraph 5 extracted hereinabove leaves no room for any doubt, that Assistant Surgeons could be posted in Hospitals of Jammu and Srinagar including evening/urban clinics, “….and after that…”, in medical education and other organizations. In consonance with the Government Order dated 17.7.1997, the Principal, Government Medical College, Jammu, by an Office Order dated 30.12.1997, posted all the appellants against the vacant posts of Senior/Junior House Officers, at the Government Medical College, Jammu (and at hospitals associated with the said college).

5. Despite posting of the appellants at the Government Medical College, Jammu (and/or at hospitals associated therewith), on 30.12.1997; within a week thereof, by an order dated 7.1.1998, the Principal, Government Medical College, Jammu, reverted the appellants to their parent Department, namely, the Directorate of Health Service, Jammu. The instant order dated 7.1.1978 was first assailed by the appellants before the High Court of Jammu and Kashmir (hereinafter referred to as “the High Court”). It is now the subject matter of challenge by them, before this Court. Since the present controversy relates to the order dated 7.1.1998, whereby,