RAM LAL Vs. STATE AND OTHERS

JUDGEMENT

(1.) Through the medium of this petition, the petitioner is seeking quashment of selection of respondents 5 to 7 as Laboratory Assistants in the Health Department in Udhampur District under the category of Residents of Backward Area. He is also seeking a direction to the respondents to appoint him against the said post on the basis of his having better academic merit and excellent performance in interview.

(2.) The facts-in-brief, as projected in the writ petition, are that in response to Advertisement Notice No. 1 of 2001, dated 11.01.2001 issued by the J and K Service Selection Board for filling up the posts of Laboratory Assistants in District Udhampur, the petitioner, amongst other candidates, also applied for the same under the category of Resident of Backward Area. The notice prescribed the minimum eligibility qualification as Matric with Diploma of Lab Assistant from S.M.F. or any other institute recognized by the J and K Government or anybody authorized by it. The petitioner claims to have possessing the qualification of 10+2 with Diploma of Laboratory Assistant from the Jammu and Kashmir State Medical Faculty at the time of issuance of aforesaid notice. He also claims to have did well in the interview, yet he was not selected, whereas three other candidates, respondents 5 to 7 herein, having less academic merit than the petitioner came to be selected under the Category of Resident of Backward Area, thereby completely ignoring the higher and better merit of petitioner. Hence, the present writ petition.

(3.) This writ petition came to be filed on 2.05.2002 and was taken up on 03.05.2002, when, while issuing notice, it was directed that the selection, if any, shall be subject to the decision of the main petition. The writ petition was also admitted on the same date and the respondents were directed to file objections within four weeks of the service of notice. When private respondents 5 to 7 did not appear nor did they file counter despite service of notice upon them, they were set exparte vide order dated 15.10.2004. Thereafter, the matter came to be listed on several occasions in all these years, but the Chairman, J and K Service Selection Board, respondent No.4 herein, failed to file counter despite granting of many opportunities. However, the State as well as Director, Health Services filed the objections/counter on 29.03.2016 taking the stand that selection procedure is purely the domain of Service Selection Board for recruitment to all non-ga-zetted posts and only after finalization of the select list by the Service Selection Board, the intending/appointing authority issues the appointment order in favour of selected candidates. Further, it is averred that in the present case also the Service Selection Board after conducting the selection process issued the select list of Laboratory Assistants in District Udhampur, therefore, no liability can be fastened on the answering respondents.