(1.) Vide Advertisement Notice No. 03 of 2011 dated 24.08.2011, issued from the office of the Vice Chairman District Rural Health Society (NRHM) (Chief Medical Officer) Kishtwar, applications have been invited from the eligible candidates for contractual staff which include three posts of "Laboratory Technicians" possessing qualification, i.e., Diploma in Laboratory Technician course from the Institution recognized by the J&K State Medical Faculty. Amongst others, petitioner and respondent No. 7 also applied. Respondent No. 7 was selected. Aggrieved thereof, instant petition has been filed. Learned counsel for the petitioner would contend that petitioner's merit position at the level of BMLT has been taken into account when, in fact, the marks obtained by the petitioner at the level of DMLT were to be taken into account. In the memo of the petition, it is noticed that respondent No. 7 is shown to have secured 58.96 marks in total whereas, the petitioner has 57.16 marks but in case her marks at the DMLT level would have been taken, she would get 03 more marks, so in total would get 60.16 marks, admittedly, would be superior in merit as compared to respondent No. 7 figuring at S. No. 3. So instead of respondent No. 7, petitioner would figure at S. No. 3.
(2.) The contention of the petitioner is admitted in the reply filed by respondent Nos. 1 to 3, wherein, it has been stated that the Appointing Authority was in process of rectifying the bona fide mistake and cancelling the appointment order of private respondent. But before that could be done, clarification bearing No. SMF/verification/AT dated 01.10.2011 was received through Fax from the Office of President, J&K State Medical Faculty (Directorate of Health Services), Jammu to the effect that the diploma and degree of petitioner is from an institute which is not recognized by the J&K State Medical Faculty, which is prerequisite for the said post, as has been specifically mentioned in Advertisement Notice No. 03 of 2011 dated 24.08.2011. The petitioner is ineligible for the post because the petitioner has done diploma/degree from the Institute, i.e., from J&K State Board of Technical Education (Govt. Polytechnic for Women, Jammu).
(3.) Learned counsel would contend that DMLT even from Govt. recognized Institute could not be ignored, this submission is without force. Advertisement is a general representation wherein it is categorically notified that the requisite qualification is diploma/degree recognized from the J&K State Medical Faculty, which is in accord with the Scheme, same position has not been challenged.