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Kavi Raj Vs. State of Jammu and Kashmir [09/01/13]

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[Civil Appeal No. 162 of 2013 arising out of SLP (C) No.5042 of 2006]. Consequent upon the creation of posts of Assistant Surgeons, the Health and Medical Education Department of the State of Jammu & Kashmir, addressed a requisition to the Jammu & Kashmir Public Service Commission (hereinafter referred to as "the Public Service Commission") to recruit 1255 posts of Assistant Surgeons. Based on the aforesaid requisition, the Public Service Commission issued a notification dated 31.12.1996 for inviting applications for 1255 posts of Assistant Surgeons in the pay-scale of Rs.2200-4000. Based on the aforesaid notification, an advertisement dated 2.1.1997 appeared in newspapers inviting applications for 1255 posts of Assistant Surgeons, belonging to the Health and Medical Education Department. In June, 1997 the Public Service Commission after completing the process of selection, prepared a select list of successful candidates. The names of the appellants herein, appeared in the list of successful candidates. Consequent upon the selection of the appellants as Assistant Surgeons by the Public Service Commission, the Department of Health and Medical Education, issued an order dated 12.8.1997 appointing the appellants against the advertised posts of Assistant Surgeons. An extract of the aforesaid order, relevant to the present controversy, is being reproduced hereunder: "The candidates belonging to Jammu region shall report to Director Health Services, Jammu and those belonging to Kashmir region to Director Health Services Kashmir for further postings.

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