STATE TIMES NEWS
JAMMU: In a petition filed by Dr Naseer Mir & Ors and Naseer Mir & Ors challenging impugned condition nos. ’02’ and ’04’ of Government Order No 118-SKIMS of 2012 dated November 6, 2012 with impugned condition nos. iii and iv under heading of ‘Other Terms and Conditions for the Post’ in Advertisement Notice No. 01 of 2021 dated January 7, 2021 and seeking directions for quashing the same was dismissed by the Court. Petitioners were also seeking directions to respondents to conduct selection for the post of Principal in SKIMS-Medical College strictly in compliance with Jammu and Kashmir Medical Education (Gazetted) Service Recruitment Rules, 1979.
Justice Ali Mohammad Magrey of J&K High Court, while dismissing the petition, observed that the petitioners, at the time of responding to advertisement notice, gladly accepted terms and conditions prescribed in aforesaid advertisement notice without any protest and, as such, cannot, now, turn around and contend that certain portion of advertisement notice is bad in law or violative of any of their rights. This conduct, on part of petitioners, itself, knocks the bottom out of the case set up by the petitioners in their petition.
Justice Ali Mohammad Magrey also observed that it is crystal clear that existence of a right is the foundation of jurisdiction of a Court to issue a ‘Writ of Mandamus’. In the case on hand, the petitioners have not been able to show as to which of their right has been violated by the respondents while fixing the eligibility criteria for the post in question, which can be directed to be enforced by way of issuing a ‘Mandamus’ from this Court. In this context, the irrefutable conclusion which can be drawn is that none of rights of the petitioners stand violated by the respondents in the process of fixing eligibility criteria for the post of Principal of the College for which a ‘Writ of Mandamus’ can be issued in their favour, he observed.
Justice Magrey, after hearing both sides, do not find any merit in instant petition which is, accordingly, dismissed along-with all pending CMs therewith. Interim directions, if any, subsisting as on date, shall stand vacated.