A selection candidate's eligibility must be assessed based on relevant experience by the cut-off date; next in merit must be considered if the selected candidate cannot hold multiple appointments.

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act , 1985.

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

1. OA/1754/2021

a) The applicant prays for quashment of Notice dated 6^th May, 2021 whereby, the respondent No. 5 has been found to be eligible for her participation in the selection process in terms of Notification No. 08-PSC (DR-P) of 2019 dated 20- 05-2019 for the Post of Lecturer in Ophthalmology despite being in eligible and with further quashment of the recommendation by way of Select List as issued by the respondent No. 3 for the Post of Lecturer in Ophthalmology in Government Medical College/Srinagar in (Health and Medical Education Department) vide Notification No. 88- PSC (DR-S) of 2021 Dated 03-11-2021 in total violation of Advertisement Notification No. 08-PSC (DR-R) of 2019 Dated 20-05-2019 whereby respondent No. 5 has been selected over and above the merit of the petitioner, as such, the Select List issued vide Notification No. 88-PSC (DR-S) of 2021 Dated 03-11-2021 issued by the respondent No.3 is also liable to be struck down;

b) Further appropriate order or direction commanding the respondents No. 1 to 3 to consider the petitioner for the Post of Lecturer in Ophthalmology being eligible and having higher merit position of the petitioner, over and above the respondent No. 5 as issued in terms of Notification No.88- PSC (DR-S) of 2021 Dated 03-11-2021 and further issue an Order of selection of the petitioner for the Post of Lecturer in Ophthalmology;

c) With further appropriate direction or order prohibiting the respondents No. 1 and 2 to issue Select List in favour of respondent No. 5 as per the recommendation made by the respondent No. 3 in favour of the respondent No. 5 in terms of Notification No.88-PSC (DR-S) of 2021 Dated 03-11-2021;

d) With further appropriate order or direction commanding the respondents No. 1 to 4 to hold an enquiry about the in eligibility of the respondent No. 5 on the basis of an Affidavit dated 11th July, 2017 duly attested by the Magistrate 1st Class Jammu, filed before the respondent No. 4 stating therein on oath that the respondent No. 5 has not done any Registrar ship/ Demonstrator ship/ Sr. Residency in any discipline previously anywhere within or outside the state and still how and on what documents the candidature of respondent No. 5 for the post of Lecturer in Ophthalmology has not only been considered but has further been selected by the respondent No. 3 in terms of Notification No. 88-PSC (DR-S) of 2021 Dated 03-11-2021 or Such other order, which this hon'ble Tribunal may deem fit in the facts and circumstances of the case;

2. OA/776/2022

a) The applicant prays for quashment of the select list as issued by the respondent No. 3, for the Post of Lecturer in Government Medical College Jammu / Srinagar in (Health and Medical Education Department) vide Notification No. 07-PSC (DR-S) of 2022 Dated 30-05-2022 whereby the selection of respondent No.5 has been made despite being ineligible for the post of Lecturer in Ophthalmology and the very eligibility of the respondent No. 5 is already subject matter of the petition titled "Dr. Surbhi Gupta v. Union Territory of J&K and Ors." bearing O.A./1754/2021 pending before this hon'ble Tribunal whereby after admission of the said petition vid