to Government Health and Medical Edu. Vs. Dr. Ashok Kumar Kohli  INSC 591
(31 October 1995)
K. Ramaswamy, K. Kirpal B.N. (J)
1995 SCC Supl. (4) 214 JT 1995 (8) 403 1995 SCALE (6)464
O R D
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.
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.
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 a period of six weeks from the date of the receipt of this
order. The appeal is accordingly disposed of. No costs.