UT OF JAMMU AND KASHMIR Vs. UMREENA AKHTER

JUDGEMENT

(1.) This appeal by the UT of Jammu and Kashmir is directed against the judgment dtd. 17/5/2018 passed in SWP No.282/2016 whereby the writ petition filed by the writ petitioner/respondent herein has been allowed and a direction has been issued to the official respondents/appellants herein to consider the case of the writ petitioner against the vacancies which remained unfilled, keeping in view the fact that her name figured at S.No.1 in the waiting list under the RBA category.

(2.) Briefly stated the facts leading to filing of this appeal are that the name of the writ petitioner figured at S.No.1 in the waiting list of RBA category for the post of Female Multipurpose Health Worker (FMHW), District Cadre, Ramban which was issued by the appellants herein on 2/1/2013. It has come on record that two of the selected candidates under RBA category, despite having been appointed and called upon to join, did not accept the appointment and, therefore, their appointments were cancelled vide order dtd. 24/12/2013 passed by the Director, Health Services, Jammu.

(3.) Indisputably, it is on 24/12/2013, an occasion to supply two posts under RBA category by appointing the candidates in the waiting list of the said category arose. The matter appears to have remained under correspondence between the Director Health Services Jammu and the Secretary to the Government, Health and Medical Education Department for some time, but the same was ultimately rejected by the Health and Medical Education Department vide its order dtd. 16/10/2015. It is this order which was assailed by the writ petitioner in the writ petition, disposed of by the learned Single Judge, vide judgment impugned in this appeal.