1. In the instant petition, petitioner prays for the following reliefs:—

“(A) A writ of certiorari quashing the condition/clause (I) in the select list for the post of Consultant Pediatrics in Health and Family Welfare Department Government of J&K Government order No. 192-HME of 2019 dated 21.02.2019 (Annexure-I).

(B) A writ of mandamus further be directed to be passed commanding respondents to take all necessary steps so that petitioner is allowed to complete few months of his Senior Residency at Sheri-Kashmir Institute of Medical Sciences and also allowed to join the post of Consultant Pediatrics in Health and Medical Education Department so that his post as Consultant be kept on hold.”

Brief Facts

2. Petitioner states to have been engaged as Senior Resident at SKIMS in the department of Neonatology/Pediatrics and joined on 20.03.2017. Petitioner, while working as Senior Resident, states to have applied for the post of Consultant Pediatrics in the Health Department and on competing the process of selection, petitioner has been selected and appointed against the post of Consultant Pediatrics in RBA category vide Government order No. 192-HME of 2019 dated 21.02.2019. The petitioner has to join in the Directorate of Health Services, Kashmir, within a period of 21 days from the date of issuance of the order, failure whereof will result in deemed cancellation of his appointment.

3. Petitioner is aggrieved of the condition (i) of the appointment order and challenges the same with further relief of allowing the petitioner to complete the Senior Residency course at SKIMS and thereafter be allowed to join the post of Consultant Pediatrics in Health Department. The condition No. (i) being relevant for the decision of the writ petition is taken note of:—

“The appointee(s) shall not be allowed to continue with PG/Tenures of Senior Residency/Registrarship/Demonstratorship etc., and shall have only one choice either to opt for appointment or opt out and go for PG/Tenures of Senior Residency/Registrarship/Demonstratorship etc.

4. Challenge to condition (i) of the appointment order has reference to working harshly and causing inconvenience by such condition, is violative of rights guaranteed under the Constitution of India and Constitution of Jammu and Kashmir, further ground to challenge has reference to violation of right to public employment guaranteed under the Constitution of Jammu and Kashmir read with Constitution of India. Petitioner has right to be appointed and any deprivation would amount to violation of fundamental right as same would amount to deprivation of rights enshrined in Article 14 and 16(1) of the Constitution. Further ground to challenge is that the Government cannot deny the petitioner to exercise his right to continuation as Senior Resident till he completes period of appointment. It is submitted that the State has already incurred some expenses on petitioner for undergoing Senior Residency and petitioner having spent lot of time has acquired knowledge and expertise which will benefit the patent care in peripheral areas of the State of Jammu and Kashmir. The condition impugned if given effect will amount wastage of State exchequer and will further amount to action ultra vires to the Constitution. Deprivation of the petitioner from completing the tenure appointment as Senior Resident by pressing into service the impugned condition is devoid of intelligible differentia, which in other words mean respondents by incorporating condition (i) have failed to show any rational nexus between the basis of not allowing petitioner to complete his Senior Residency and the object intended to achieve. Petitioner also submits that he can be allowed to join the post and subsequent thereto grant study leave for remaining few months.

5. Heard learned counsel for the petitioner, considered the matter and perused the records.

6. The challenge to the condition (i) in terms of the ground taken in the writ petition has no substance. P