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PETITIONER: COMMISSIONER/SECRETARY TO GOVERNMENTHEALTH AND MEDICAL EDU.

       Vs.

RESPONDENT: DR. ASHOK KUMAR KOHLI

DATE OF JUDGMENT31/10/1995

BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. KIRPAL B.N. (J)

CITATION:  1995 SCC  Supl.  (4) 214 JT 1995 (8)   403  1995 SCALE  (6)464

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      Leave granted.      We 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.      It 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. Since 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

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a period  of six  weeks from the date of the receipt of this order. The appeal is accordingly disposed of. No costs.