1. In the instant petition, petitioners pray for the following reliefs:—

“That by issuance of a writ of certiorari the condition below mentioned in the Govt. orders bearing No. 160-HME of 2019 dated 08.02.2019, order No. 162HME of 2019 dated 08.02.2019 and order No. 156 HME of 2019 dated 08.02.2019 as under;

“The above candidates shall report the Principal Govt. Medical College, Baramulla and Rajori respectively within a period of 21 days from the date of issuance of this order in case any failure of the appointees to join within a stipulated period their appointment order shall be deemed to have been cancelled without any further notice”…. Be quashed.

That by issuance of writ of Mandamus the respondents be directed to allow the petitioner No. 1 & 13 to complete DM Gastro in SKIMS and petitioner No. 2 to complete Fellowship at AIMS till such time they complete these course their post as Assistant Professor (Lecturer) general Medicine and Radiology may be protected and the respondent be also directed to treat the period spend by the petitioners as DM gastro and Fellowship as probation in the interest of justice.

Brief Facts;

2. Petitioners are aggrieved of the condition of the appointment orders and challenge the same with further relief of allowing the petitioners to complete the tenure courses and thereafter be allowed to join the posts of Assistant Professor in the Health Department. The condition impugned being relevant for the decision of the writ petition is taken note of:—

“The above candidates shall report the Principal Govt. Medical College, Baramulla and Rajori respectively within a period of 21 days from the date of issuance of this order in case any failure of the appointees to join within a stipulated period their appointment order shall be deemed to have been cancelled without any further notice”.

3. Challenge to condition aforesaid of the appointment orders 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. Petitioners have 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 of challenge is that the Government cannot deny the petitioners to exercise their right to continuation as Assistant Surgeons till they complete period of appointment. It is submitted that the State has already incurred some expenses on petitioners for undergoing tenure courses/fellowship and the petitioners having spent lot of time have acquired knowledge and expertise, which will benefit the patient care in peripheral areas of the State of Jammu and Kashmir. The condition impugned, if given effect, will amount to wastage of State exchequer and will further amount to action ultra vires to the Constitution. Deprivation of the petitioners from completing the tenure courses/fellowship by pressing into service the impugned condition is devoid of intelligible differentia, which in other words means respondents by incorporating the aforesaid condition have failed to show any rational nexus between the basis of not allowing petitioners to complete their tenure courses/ fellowship and the object intended to achieve. Petitioners also submit that they can be allowed to join the posts and subsequent thereto grant study leave for remaining few months.

4. Heard learned counsel for the petitioners, considered the matter and perused the records.

5. The challenge to the condition aforesaid in terms of the grounds taken in the writ petition has no substance. Petitioners on selection and appointment have to join the post, so as to enable the department to avail their services for the patient care and in