SHAM LAL Vs. STATE OF J&K

JUDGEMENT

(1.) AGGRIEVED of Government Order No. 390/HME/03 of 2003 dated 21.4.2003 issued by the Health, Family Welfare and Medical Education Department rescinding the appointment of the petitioners, petitioners have approached this court seeking quashment of the aforesaid order with a further direction to allow them to continue to work on the post of Pharmacist( Medical Assistant ) ; and further restraint order not to terminate the services of the petitioners based upon the impugned order . Vide interim order dated 12.5.2003, operation of the impugned order was stayed.

(2.) FACTS leading to filing of present petition are summarized: Pursuant to advertisement notice issued by the J&K Service Selection Recruitment Board for the posts of Medical Assistants, petitioners applied alongwith others. Minimum qualification prescribed for the post was 10+2 with diploma of Medical Assistant from the J&K State Medical Faculty. Both the petitioners claiming themselves to be eligible , applied for the same on the basis of prescribed qualification and interviewed. Both the petitioners came to be selected and their names figured at Serial Nos. 8 and 19 respectively of the select list dated 8.12.1997 published in local English Newspaper 'Daily Excelsior. Consequent upon their selection, petitioners came to be appointed as Pharmacist (Medical Assistant) in the pay scale of Rs. 950 - 1500 vide Director, Health Service, Jammus Order No. 1326/NG of 1997 dated 31.12.1997 and order No. 1328/NG of 1997 dated 31.12.1997. On being appointed, they were posted and they joined their service and continued till the passing of the impugned order.

(3.) WHILE petitioners were performing their duties, one Vikas Sharma, a unsuccessful candidate in the same selection, filed writ petition SWP No. 149/98, challenging the selection of petitioners. The basis for the challenge was that petitioners had secured less marks in the qualifying examination and despite lesser weightage than the selected candidates, they have been selected . The said writ petition came to be disposed of vide order dated 31.5.2001, directing the respondents to indicate the break up of points against 80% marks and the weightage awarded on the basis of qualifying examination. It appears that with a view to implement the judgment, respondent -2 examined the record and during scrutiny of the record, it was found that the petitioners had furnished fake marks certificates. The government accordingly, while rejecting claim of Vikas Sharma, writ petitioner in SWP No. 149/98, rescinded the appointment of the petitioners with the following observations: