Jammu Tawi, April 28
Division Bench of the J&K High Court comprising of Chief Justice Bader Durrez Ahmed and Justice Alok Aradhe has resolved the dispute of inter seniority and also PhD of Govt Medical College Jammu.
The dispute was decided after hearing the submissions of Advocate Abhinav Sharma appearing for Kapila Raina and Advocate Aseem Kumar Sawhney appearing for Dr Rachna Sabherwal.
Both the appellant and non appellant are Lecturers in Govt Medical College Jammu – department of Biochemistry and were entangled in litigation. Division Bench held that Dr Rachna Sabherwal would be senior to Kapila Raina in the seniority and would be considered for promotion as Asst. Professor straightway.
DB also directed that the Jaipur National University would declare result of Kapil Raina and she too would be considered for promotion as Asst Professor for the 2nd post of Asst Professor of Biochemistry GMC Jammu.
DB observed that the prime dispute was with regard to whether Ms Kapila Raina or Dr Rachna Sabherwal would be entitled to the post of Asst Professor in the Bio Chemistry Deptt of the Govt Medical College Jammu.
DB further observed “as far as Dr Rachna Sabherwal is concerned she is a medical Doctor and completed her three years of eligibility experience as Lecturer in March 2014. As regards Ms Kapila Raina she came from other stream, that is, Master of Science. She has completed her three years of experience as Lecturer on 14.6.2013, but she has not yet attained the PhD degree. In so far as her PhD degree is concerned, there was some controversy and SWP no. 2442/2013 had been filed wherein process of conferment of the PhD degree was permitted by the Court but final result has been stayed. Thus as of today, out of two, Kapila Raina and Dr Rachna Sabherwal, it is the latter who is clearly eligible and entitled for promotion to the post of Assistant Professor, Bio Chemistry Depart-ment in GMC Jammu, the Division Bench observed.
DB observed that inter se dispute between Dr Rachana Sabherwal and Kapila Raina stands resolved in the sense that Dr Rachna Sabherwal may be considered for post of Assistant professor, Bio Chemistry Deptt in GMC straightaway, the Court directed. DB further directed that Ms Kapila Raina may also be considered for the other post that is vacant immediately after her attaining the PhD degree and if her PhD is conferred it shall operate from today and made clear that in case Kapila Raina is considered and granted promotion as Assistant Professor, she would be junior to Dr Rachna Sabherwal.
It may be mentioned that the Single Bench had dismissed five petitions filed by Kapila Raina seek-ing conferment of PhD Degree and therefore appeals were filed by her and one Appeal was filed by Dr Sabherwal through Aseem Sawhney Advocate seeking quashing of her appointment of Ms Raina as Lecturer as she was appointed against the rules. During arguments of Aseem Sawhney, the issue was projected in the prospective of resolution and finally matter was resolved and judgment passed by the Division Bench. H A Siddiqui Sr AAG appeared for State respondents, F A Natnoo appeared for PSC and Pranav Kohli appeared for Jaipur National University. JNF
Jammu Tawi, April 28