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2021 Supreme(J&K) 141

TASHI RABSTAN, SANJAY DHAR
State of J&K – Appellant
Versus
Abdul Rehman Mir – Respondent


Advocates:
Appearing Counsel:
For the Appellant(s): Mr. Shah Amir, AAG
For the Respondent(s):Mr. Salih Pirzada, Advocate

Judgment

Tashi Rabstan, J.—This Appeal is directed against the judgment and order dated 01.06.2018, passed by the learned Writ Court in SWP No.724/2012, titled Dr. Abdul Rehman Mir vs. State of J&K & others.

2. From the perusal of the file as also the impugned judgment it shows that the writ petitioner/respondent had been appointed as Assistant Surgeon in the year 1989 and adjusted in District Udhampur. It is contended by the writ petitioner/respondent in his writ petition that he underwent Junior Residency at Sher-e-Kashmir Institute of Medical Sciences (SKIMS) and was selected for undergoing Post Graduate Course in Surgery at SKIMS and thereafter he was selected as Stipendiary Senior Resident in the discipline of Surgery and its allied specialty in the year 1998. It had also been claimed by the writ petitioner/respondent in his writ petition before the Writ Court that he was recommended for appointment as Registrar in the discipline of Surgery, but, he could not join the tenure post of Registrar as the same was stayed by the Court and it was only after the stay order was vacated that he was relieved from SKIMS, so as to allow him to join as Registrar in the Department of General

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