CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 6982/2020 & 6958/2020 Reserved on: - 08.09.2025 Pronounced on: - 16.03.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

1. TA/6982/2020 Dr. Arif Viqar, aged 42 years S/o Sh Mohd. Shafi, R/o 22-A, Karan Bagh, Gadi Garh, Jammu.

…Applicant (Advocate: - Mr. Yasser Ejaz Tak)

Versus

1. State of Jammu & Kashmir through Commissioner/Secretary to the Government, Health & Medical Education Deptt. J&K Govt. Civil Secretariat, Srinagar.

2. J&K Public Service Commission Through its Secretary, Solina, Srinagar.

3. Medical Council of India, Through its Secretary, Sec-8, Pocket 14, Dwarka, New Delhi-110077.

…Respondents (Advocate:- Ms. Deepika Mahajan for MCI, Mr. OP Thakur, Mr. F A Natnoo, Mr. Sudesh Magotra, ld. AAG)

2. TA/6958/2020

1. Dr. Arif Viqar, aged 42 years S/o Sh Mohd. Shafi, R/o 22-A, Karan Bagh, Gadi Garh, Jammu.

…Applicant (Advocate: - Mr. Yasser Ejaz Tak)

Versus

1. State of Jammu & Kashmir through Commissioner/Secretary to the Government, Health & Medical Education Deptt. J&K Govt. Civil Secretariat, Srinagar.

2. J&K Public Service Commission Through its Secretary, Solina, Srinagar.

3. Medical Council of India, Through its Secretary, Sec-8, Pocket 14, Dwarka, New Delhi-110077.

4. Dr. Rajat Gupta S/o Sh. K.B Gupta R/o H.No. 18, Lower laxmi Nagar, sarwal …Respondents (Advocate:- Ms. Deepika Mahajan for MCI, Mr. OP Thakur, Mr. F A Natnoo, Mr. Sudesh Magotra, ld. AAG)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.1383/2017 & 601/2016 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.6982/2020 & 6958/2020 respectively by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court seeking following relief: - 1. TA/6982/2020 a) “Petition under Article 226 of the Constitution of India read with section 103 of the Constitution of Jammu & Kashmir for issuance of an appropriate writ, direction or order quashing the minimum qualification of M.D Pathology, M.D (Path & Bact), Ph.D, D.Sc, Specialty Board of Pathology (USA) M.R.C.Path. (UK) as prescribed for the post of Lecturer in Forensic Medicine in J&K Medical Education (Gazetted) Service Recruitment Rules, 1979 as being in derogation of Minimum Qualification for Teachers in Medical Institutions Regulations, 1998 of Medical Council of India.

With b) Further writ, direction or order of an appropriate nature quashing the minimum teaching / research experience for the post of Lecturer in Forensic Medicine as prescribed in J&K Medical Education (Gazetted) Service Recruitment Rules, 1979, the same being in contrary to the Teaching / Research Experience as prescribed by the governing body Medical Council of India in Minimum Qualifications for Teachers in Medical Institutions Regulations, 1998.

With c) Further writ, direction or order of an appropriate nature quashing the Notification No. 02-PSC (DR-P) of 2017 dated 01.05.2017 to the extent of post of Lecturer in Forensic Medicine as the qualification and experience being asked for in the said advertisement is in derogation of the regulations of the Medical Council of India or in the alternative commanding the respondent No. 2 to make the selection to the post of Lecturer in Forensic Medicine in Health and Education Department as advertised vide Notification No. 02-PSC (DR-P) of 2017 dated 01.05.2017 in terms of the criteria as laid down by the Medical Council of India in Minimum Qualifications for Teachers in Medical Institutions Regulations, 1998.

With d) Such other additional or alternate relief which this Hon'ble Court may deem fit in the facts & circumstances of the case.

2. TA/6958/2020 a) “Petition under Article 226 of the Constitution of India read with section 103 of the Constitution of Jammu & Kashmir for issuance of an appropriate writ, direction or order quashing the minimum qualification of M.D