JAMMU, Apr 4: Division Bench of High Court of Jammu & Kashmir and Ladakh comprising Justice Sindhu Sharma and Justice Rahul Bharti has dismissed the review petition filed by J&K Public Service Commission against the judgment passed by the Central Administrative Tribunal Jammu Bench in case titled “Dr Rajeev Gupta Versus State of J&K and Others”.
It is to mention here that vide its judgment dated February 3, 2022, the CAT, while allowing the petition filed by Dr Rajeev Gupta, set-aside selection of Dr Mohd Hussain Mir as Lecturer Super Specialty (Medical Oncology), Government Medical College and Hospital Jammu and simultaneously directed the JKPSC as well as J&K Government to consider the candidature of Dr Rajeev Gupta for the post of Lecturer.
But, neither Dr Mohd Hussain Mir nor the Government challenged the Judgment of the CAT. However, JKPSC through its Secretary approached High Court seeking quashment of judgment of CAT.
However, the same was dismissed by the High Court vide judgment dated May 5, 2022 but against the judgment, the JKPSC filed review petition defending the selection of Dr Mohd Hussain Mir.
After hearing counsel for JKPSC, the DB observed that the tone and tenor of the grounds of review petition is as if this court dismissed the writ petition solely on the ground that institution of the writ petition was without any prior and proper decision the part of the petitioner-J&KPSC as a constitutional body to challenge the judgment of the Central Administrative Tribunal for carrying forward which the Secretary of the time had come forward with the institution of the writ petition.
DB observed that even in the review petition, there is no mention as to vide which minutes of meeting the so referred approval of the competent authority for filing the writ petition against judgment dated 03.02.2022 of the Central Administrative Tribunal was taken.
DB added that the communication dated 15.02.2022 by the Assistant Law Officer of JKPSC to the Standing Counsel for the petitioner could not be and cannot be taken by a constitutional court to be bearing the decision of a constitutional body to file a writ petition against an adjudication made in a selection related matter & and accordingly dismissed it.
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