NAZIR AHMAD DAR Vs. STATE

JUDGEMENT

(1.) THE controversy involved in four writ petitions on hand SWP no.864/2008, no.1841/2010, SWP no.691/2012 and SWP no. 916/2012, has its roots in advertisement notice issued by the Chairman, Executive Committee, Jammu & Kashmir State Health Society (Secretary to Government, Health and Medical Education Department) on 3.11.2007 inviting applications on behalf of District Health Societies for engagement, amongst others of doctors with degree in Indian System of Medicine for available positions in First Referral Units (FRUs) and Primarily Health Centres (PHCs) under the National Rural Health Mission (NRHM). The object was to strengthen the health delivery system, improve access to quality health services and make First Referral Units ( FRUs) and Primary Health Centers (PHCs) functional round -the -clock. The applications were to be addressed to concerned Deputy Commissioner (Chairman, District Health Society) of the undivided districts.

(2.) THE advertisement notice was issued in supersession of all earlier advertisement notices on the subject. The notice also incorporated terms and conditions subject to which engagement of ISM doctors and other medical and para -medical staff was to be made. Para 4 of terms and conditions, is relevant to the present controversy and needs to be noticed. Preference will be given to the candidates below the age of 40 years and are residents of block where the health institution is located so as to ensure continuous presence of the doctor/paramedic for 24 hrs X 7 days ' service.

(3.) PETITIONERS in (SWP 864/2008) are from different villages, towns and hamlets of District Baramulla. They claim to have responded to the advertisement notice dated 03 -11 -2007. They are aggrieved that they have not been included in the selection list issued vide order no. 115/ DDCB of 2008 dated 28th May 2008 published in 31th May 2008 edition of a local daily. They question the selection of private respondents (respondents 10 - 43) amongst others on the grounds that the selection was unfair and made in violation of NRHM scheme. The selection process is said to have not been fair and transparent. The petitioners in particular point to selection of Shri Bilal Ahmad Wani (respondent no.21), Shri Nisar Ahmad Malik (respondent no.10) Shri Mohd. Raffi Thokar (respondent no.29), Shri Arshid Hussain Naikoo (respondent no.30) and Aijaz Ahmad Mir (respondent no.43). It is next pleaded that Bilal Ahmad Wani (respondent no.21) did not have the requisite experience of one year at the time of selection and Nisar Ahmad Malik (respondent no. 10) did not have Bachelors Degree in ISM, while as Mohd. Raffi Thokar (respondent no.29) was already serving as Medical Officer in Karnah and Arshid Hussain Naikoo (RBA) (respondent no.30) was working as a teacher at Singhpora Kalan Baramulla. The petitioners also complain that the candidates from the locality were ignored and the candidates from the other blocks / localities engaged in violation of spirit and mandate of NRHM scheme. Petitioners seek quashment of the selection list issued vide order no. 115/DDCB of 2008 dated 28 -5 -2008 and also a writ of mandamus commanding the official respondents to accord consideration to the petitioners ' claim.