Recruitment to public offices must strictly adhere to the statutory rules framed by the Government; eligibility conditions prescribed therein cannot be challenged by those who did not participate in the selection process, nor can such rules be disregarded in favor of external regulations unless formally declared invalid.

ORDER

Per: - Ram Mohan Johri, Administrative Member

1. The SWP No.595/2018 was transferred from the Hon’ble High Court

of Jammu & Kashmir at Jammu and was registered as T.A

No.6541/2021 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. Course and one year experience as 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) command and direct the respondents to treat the petitioner

eligible for the post of Lecturer / Assistant Professor in 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 petitioners 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 petitioners 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 petitioners

to participate in the selection process;

(e) ANY other writ, order or direction which this Hon'ble Court

may deem fit or proper in the facts and circumstances of the

case.

3. The facts of the case as pleaded by the petitioners in their pleadings

are as follows: -

a) The present Transfer Application arises out of SWP No.

595/2018 which was originally filed before the High Court of

Jammu and Kashmir at Jammu