RAJ KUMAR Vs. STATE OF J&K AND OTHERS

JUDGEMENT

(1.) The facts as enumerated in the case set up by the petitioner are that vide advertisement dated 29.04.1997, applications were invited for various posts including the posts of Laboratory Assistants in District Cadre, Rajouri. One post each was reserved for the Scheduled Caste and Scheduled Tribe categories and the qualification prescribed for the said posts was Matric with diploma in Laboratory Assistant Course from SMF (State Medical Faculty) or any other recognized institute. The petitioner being eligible also applied for the post of Laboratory Assistant under the Scheduled Caste category in the District Cadre, Rajouri. The petitioner was called for the interview on 05.01.1998 and thereafter a select list was issued wherein the petitioner name was figured at S.No. 2 in the said list and his qualification was also mentioned as "Matric/Diploma in Lab Assistant". In the month of August, 1998, when the petitioner approached the office of the Director, Health Services, Jammu, he was orally informed to produce the original certificates and when the petitioner again went to the same office with the original documents, he was informed that since he had undergone his diploma from outside the State of J & K and not from the SMF, so he cannot be appointed against the post in question. The petitioner further approached to Director, Health Services, Jammu with his grievance that since he had been duly selected in the selection process and in the advertisement notice, requisite qualification as matric with Diploma in Laboratory Assistant Course from SMF or any other recognized institute, as such there was no reason for denying him the appointment on the ground that he had not undergone his diploma from SMF.

(2.) Further, the respondents brought to the notice of the petitioner that the case of another candidate, namely, Miss Anjana Sidder, who had also been selected as a Laboratory Assistant by the Services Selection Board in the year 1994 and also undergone Diploma in Medical Laboratory Technology from outside the State from the same institute, from which the petitioner had completed his diploma, was pending consideration with the Government, and accordingly advised him to wait for the decision in this matter and also assured him that whatever decision would be taken by the authority in that case would apply in his case too. When the petitioner came to know that the aforementioned candidate, namely, Miss Anjana Sidder, was appointed as Laboratory Assistant in the District Cadre, Rajouri vide order dated 009.2003, he again approached to Director, Health Services, Jammu but he did not pay any heed to his request, which forced the petitioner to file the instant writ petition, seeking direction to the respondents particularly, respondent No. 2 i.e. Director Health Services, Jammu to appoint the petitioner pursuant to his selection made by the respondent No. 3 J & K Services Selection Board for the post in question.

(3.) Objections on behalf of the respondent Nos. 1 & 2 stand filed, wherein it is stated that for the post of Laboratory Assistant, it is mandatory that the candidate should have passed Diploma in Laboratory Assistant training Course by J & K State Medical Faculty, whereas the petitioner has obtained the diploma from the institute, which is not recognized by the J & K State Medical Faculty. It is further submitted that the selection made by the Board is only recommendatory in nature and does not create any indefeasible right to the selected candidate for getting appointment.