BHARAT BHUSHAN Vs. STATE

JUDGEMENT

(1.) SELECTION /appointment of respondents 3 to 7 as Laboratory Assistants in the Health Department has been challenged by the petitioner, who remained unsuccessful in the said selection. Vide Advertisement Notice No. 01 of 2000 dated 21.9.2000, applications were invited by respondent -2 i.e. J&K Subordinate Service Recruitment Board for selection of Laboratory Assistant in the Health Department, which was a District Cadre post. Another Advertisement Notice bearing No. 01 of 2001 dated 30.1.2001 was issued for District Rajouri. Petitioner, being eligible, was one of the applicants in both the selections. The qualification as prescribed in both the Advertisement Notices, was Matric with diploma of Laboratory Assistant from the State Medical Faculty or any other institute recognized by the J&K Government or anybody authorized by it. Application of the petitioner was found to be in order and accordingly he was called for test, which was conducted by a committee consisting of Shri N.K.Vohra, Convenor, Deputy Director, Health Services, Member and Dr. Amla, Member. Petitioner, who is Matriculate and having completed diploma course in medical laboratory technology issued by the Institute of Public Health and Hygiene, New Delhi, submitted his documents. The select list was issued on 9.11.2001, which was published in local newspaper ( State Times ). Respondents 3 to 7 were selected for the post of Laboratory Assistant whereas petitioner could not find berth in the select list. The selection of private respondents and his non -selection has been challenged on the ground that petitioner is possessed of higher merit than the selectees. Petitioner claims to have secured 265 marks out of total 750 marks in diploma course in Medical Laboratory Technology and has secured 573 marks out of 1000 marks i.e. 57.3% whereas respondent -6 has obtained 54.20 marks and respondent -7 has obtained only 54.80 marks in the diploma course. Petitioner has primarily challenged the mode of selection and criteria which appears to have been adopted by the respondents. In Ground -B, it is stated that criteria for selection was not disclosed and therefore, the selection has been made in arbitrary manner, hence, entire selection is vitiated. Regarding interview, it is stated that the same was only a farce as no question germane to the selection, was asked to the candidate. It is stated that except introductory questions, nothing was asked.

(2.) REPLY has been filed to the petition both by the State respondents and the J&K Service Recruitment Board. The J&K Service Selection Recruitment Board has stated that the petitioner could not be selected because of low merit, as he obtained only 55.17 points whereas the last selectee has secured 57.84 points in the open category. It is further stated that the petitioner having participated in the selection process, cannot challenge the same. The marks secured by all the selectees, have been indicated in para -5 of the reply filed by the J&K Service Selection Recruitment Board, which is reproduced below: "1. Jasbir Kour62.92% 2. Avihash Kumar 61.01% 3.MOHD . Bashir 59.40% 4.Maroof Ayaz 59.36% 5.SANJAY Sharma 57.84%"

(3.) The J&K Service Selection Recruitment Board has also indicated the criteria for selection, which is also quoted herein below: "1. Education qualification plus Technical qualification : 80% marks 2. Viva -Voce/Interview : 20% marks Total: : 100 marks."