MISRA BANO Vs. STATE OF J&K AND ORS.

JUDGEMENT

(1.) Impugned is the judgment dated 12th June, 2014 rendered in two petitions i.e. SWP No. 203/2014 and SWP No. 225/2014. Vide Advertisement Notice No. CMOB/NRHM/13/1054 -59, dated 09.01.2013, applications have been invited as against 20 posts of Allopathic Pharmacists for different Blocks under National Health Rural Mission (Rashtriya Balswasthaya Karhakaram), which include two posts in Block Khag District Budgam. On the basis of screening test, candidates were shortlisted which was published in the newspaper wherein respondent Ishfaq Alam Wani (hereinafter referred to as the write petitions) figured at Serial No. 2 amongst shortlisted candidates. A notice was issued by Chief Medical Officer, Budgam published in Daily Newspaper Greater Kashmir in its issue dated 6th February, 2014 whereunder shortlisted candidates were asked to submit NOC from the concerned Block Medical Officer and duly counter signed by Chief Medical Officer, Budgam.

(2.) Writ petitioner feeling aggrieved of the said notice filed SWP No. 225/2014 seeking its quashment on the ground that same is not required in terms of scheme governing engagement against the posts in question. Prior thereto, he had filed SWP No. 203/2014 praying therein that the respondents therein may be directed to allow him to participate in the interview along with other eligible candidates. Direction was granted, in compliance whereof he had been admitted to interview, however, result was withheld for want of residential proof, that is how he has filed second writ petition i.e. SWP No. 225/2014 challenging requirement of production of residential proof.

(3.) Learned Writ Court while considering both the writ petition has observed that the writ petitioner was neither restrained at the time of applying for the post nor during the process of shortlisting and after having figured in the shortlist he has earned a very valuable right of consideration for being engaged on the post as only two candidates have been shortlisted for two posts. It would be unfair if a technicality is allowed to came in the way as that would make the substantial justice a casualty, more importantly for the reason that the issuance of impugned notice is not a pre -requisite in terms of the mandate of scheme governing the recruitment of posts in question, as such, has allowed the writ petition with the direction to the respondents therein to proceed ahead in the matter and allow the petitioner to assume the post within a period of two weeks from the date copy of the judgment is served upon them. In compliance whereof, Writ petitioner is stated to have been engaged.