B.S. Walia, J.

1. Pursuant to selection by the Jammu & Kashmir Public Service Commission, the petitioner, vide order Annexure-A dated 04.07.2007 was appointed as Assistant Surgeon under the J & K Medical (Gazetted) Service Rules, 1970. Advertisement, Annexure-B dated 16.02.2010 was issued by the Board of Professional Entrance Examination (hereinafter referred to as 'BOPEE') inviting applications amongst, others, from in-service doctors for admission to M.D./M.S./P.G. Diploma Courses in various Medical Colleges of J & K State through the concerned Director Health Services. In response thereto, the petitioner submitted application as in-service candidate for selection and admission to the PG course. Eventually, the petitioner was selected by BOPEE for admission to PG Medical Course i.e. MD Medicine at the Acharya Shri Chander College of Medical Science, Sidhra, Jammu.

2. That at the time of admission to MD Medicine Course, Acharya Shri Chander College of Medical Science, Sidhra, Jammu, the petitioner was serving as Demonstrator in the Department of Bio Chemistry, Govt. Medical College, Jammu. On selection, the petitioner was initially relieved by the Principal Govt. Medical C