RIFATH PARVEEN Vs. STATE OF J&K AND OTHERS

JUDGEMENT

(1.) This intra court Appeal, by leave of this Court by the appellant, Ms Rifath Parveen, who was not party before the Writ Court, is directed against judgement dated 7th November 2017, passed by learned Single Judge in SWP no.889/2016, clubbed with SWP no.1917/2017. Brief factual matrix, giving rise to filing of this appeal, may be noticed.

(2.) Respondent no.2, vide its Advertisement Notice no.01 of 2006 dated 31st May 2016, put three posts of Junior Dietitians to selection with the following breakup:

(3.) Ms Romana Manzoor Mattoo respondent no.3 herein, participated in selection process and was placed at serial no.06, in the merit under Open Merit Category. One post of Junior Dietitian under RBA category remained unfilled due to nonavailability of eligible candidate. In the exigency of service and in view of scarcity of staff in the department of Dietetics, the writ petitioner respondent no.3 herein, came to be engaged as Junior Dietitian on contractual basis vide Order no.37-SKIMS of 2008 dated 14th March 2008. It has also come on record that the aforesaid post under Reserved Category was twice put to selection, but same could not be filled up due to non-availability of eligible candidate. The writ petitioner respondent no.3 herein, therefore, continued on the post.