Full Judgment Text
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PETITIONER:
COMMISSIONER/SECRETARY TO GOVERNMENTHEALTH AND MEDICAL EDU.
Vs.
RESPONDENT:
DR. ASHOK KUMAR KOHLI
DATE OF JUDGMENT31/10/1995
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
KIRPAL B.N. (J)
CITATION:
1995 SCC Supl. (4) 214 JT 1995 (8) 403
1995 SCALE (6)464
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Leave granted.
We have heard the counsel on both sides. We are
concerned in this appeal with clause (i) of the order dated
May 29, 1995, namely, "the Commissioner-cum-Secretary to
Government, Health and Medical Education Department, Jammu
shall present himself in the Court on the next date to
inform the Court as to why and for what reasons the court
order has not been complied with." With regard to clause
(ii) of the order, we are not interfering.
It would appear that Dr. Ashok Kumar Kohli was one of
the candidates selected by the Jammu & Kashmir Public
Service Commission and stood at No. 4 in the select list. He
was not appointed to the post of Lecturer in Opthomology
Department of Jammu & Kashmir. He sought a writ of mandamus
in W.P. No. 458/94. Pending disposal of the writ petition,
certain directions seems to have been issued by the High
Court and for its non-compliance, the above order came to be
passed. For his entitlement to be appointed to the post
pursuant to the selection made by the Public Service
Commission, Dr. Ashok Kumar Kohli has taken the stand that
the select list had not lapsed while the Government’s stand
is that the list stood lapsed with the expiry of one year.
Since the writ petition is pending, we are not expressing
any opinion on merits. Suffice it to say that since the
controversy is yet to be decided, perhaps the High Court may
not be justified in calling upon the Government to implement
the interim direction. In other words, it would amount to
over reaching the main relief which ultimately may or may
not be passed in the writ petition. The aforesaid directions
stand set aside and the second direction not to make any
appointment to a post of Lecturer in Opthomology Department
in any of the medical colleges pending disposal, stands
confirmed. The High Court is requested to dispose of the
writ petition as expeditiously as possible preferably within
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a period of six weeks from the date of the receipt of this
order. The appeal is accordingly disposed of. No costs.