SHAM LAL Vs. STATE OF J&K

JUDGEMENT

(1.) THIS letters patent appeal is directed against the order by which the writ petition of the appellants, SWP No. 764/2003, was dismissed by the learned Single Judge. The appellants had filed the writ petition for quashing order No. 390/HME/03 dated 21st April, 2003 by which their appointment on the post of Pharmacist (Medical Assistant) was cancelled, and for ancillary reliefs. The facts of the case, briefly stated, are as follows.

(2.) ON 29th April, 1997 an advertisement notice was issued by the Jammu and Kashmir Service Selection Recruitment Board (SSRB) inviting applications for the post of Pharmacist. Matriculates possessing diploma in Medical Assistants Training Course of the State Medical Faculty were eligible to apply. The appellants applied for the post. After interview etc., vide select list published on 8th December, 1997 they were selected for appointment. They figured at serial nos. 8 and 19 respectively of the select list. On 31st December, 1997 appointment orders were issued.

(3.) ONE Vikas Sharma filed a writ petition, SWP No. 149 of 1998, challenging the selection of the appellants. On 31st May, 2001 the petition was disposed of with a direction to the SSRB to communicate the break up of the marks secured by the petitioner, the respondents i.e. the appellants herein and the last selected candidate. In course of implementation of the said direction, it transpired that the marks certificates produced by the appellants were fake. In the circumstances, by order impugned in the writ petition dated 21st April, 2003, the appointment of the appellants was rescinded / cancelled with immediate effect. The appellants approached this Court for quashing of the said order and for other incidental reliefs, as indicated at the outset.