CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 7038/2021 Reserved on: - 04.09.2025 Pronounced on: - 20.02.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

HON’BLE MR. RAM MOHAN JOHRI, MEMBER (A)

Dr. Ravinder Singh Age 31 years S/o Sh. Hardeep Singh Ghai R/o H.

No. 11, Sector-E, Extension Bhagat Nagar, Talab Tillo, Jammu.

…Applicant (By Advocate: Mr. Abhimanyu Sharma)

Versus

1. State of J&K Through Commissioner/Secretary, Health and Medical Education Department Civil Secretariat, Jammu

2. J&K Public Service Commission, Through its Secretary Resham Ghar Colony, Bakshi Nagar, Jammu.

…Respondents (By Advocate: Mr. Sudesh Magotra, AAG, Mr. F.A. Natnoo)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.5942018 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.7038/2021 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court seeking following relief: -

a) allow the present writ petition;

b) declare Schedule-II attached to J&K Medical Education (Gazetted) Service Recruitment Rules, 1979 as ultravires to the Medical Council of India minimum qualification for teacher in Medical Institution, Regulations, 1998, in so far as it requires two years teaching experience as Registrar Demonstrator as the Minimum / required experience and to the extent it provides that the teaching experience, if any, gained before or during the Post Graduation Studentship shall not be considered while determining the eligibility for the post of Lecturer, whereas the Regulations framed by Medical Council of India i.e. Medical Council of India minimum qualifications for Teachers in Medical Institutions Regulation, 1998 amended from time to time require three years experience as a Junior Resident in Recognized Medical College i.e. experience gained while undergoing P.G. Courseand one year experience as a Senior Resident i.e. experience gained while serving as Registrar /

Demonstrator, after completion of P.G. Degree Course i.e. MD/

MS;

c) quash Notification No. 01-PSC (DR-P) of 2018 dated

17.01.2018, whereby and whereunder applications have been invited for the posting of Assistant Professor / Lecturers in various Medical Colleges, to the extent it requires three years teaching / research experience as Registrar / Demonstrator as against the requirement of Medical Council of India Regulations, 1998 which require three years experience as a Junior Resident i.e. experience acquired during Post Graduation and only one year experience as Senior Resident acquired after completing P.G. Degree i.e. MD/MS;

d) quash Notice dated 16.02.2018 issued by respondent No. 2, whereby and whereunder, last date for receipt of application forms pursuant to Advertisement Notice No. 01-PSC (DR-P) of 201.8 dated 17.01.2018 has been extended upto 12.03,2018, to the extent and to the effect the said notice retains the determination of eligibility unchanged i.e. 21.02.2018 instead of 12.03.2018;

e) command and direct the respondents to treat the petitioner eligible for the post of Lecturer / Assistant Professorin their respective disciplines Pathology, Surgery and Radio Diagnosis advertised vide Advertisement Notification No. 01-PSC (DR-P) of 2018 dated 17.01.2018, inasmuch as, the petitioner possess three years experience of Junior Residency i.e. experience obtained during P.G. Degree Course and apart from that one year experience as Senior Resident i.e. as Registrar / Demonstrator obtained after completing P.G. Medical Degree i.e. MD/MS and consequently entertain the application forms of the petitioner for the post of Lecturers / Assistant Professors in their respective disciplines i.e. Pathology, Surgery and Radio Diagnosis, pursuant to Advertisement Notification No. 01-PSC (DR-P) of 2018 dated 17.01.2018 and to allow the petitioner to participate in the selection process.

f) ANY other writ, order or direction which this Hon'ble