LAWS(J&K)-2018-10-8

JYOTI DEVI Vs. STATE AND OTHERS

Decided On October 01, 2018
Jyoti Devi Appellant
V/S
STATE AND OTHERS Respondents

JUDGEMENT

(1.) Vide Advertisement Notification No. 11 of 2014-15 dated 16.01.2015,respondent No. 4 invited applications for filling up different positions in the District Health Society , Kathua, which included one post of Female Multipurpose Health Worker( FMPHW ) for sub centre Kumri falling in Medical Block Parole of district Kathua. As per terms of this appointment, which was stated to be contractual, a candidate besides possessing requisite qualification, was required to be a resident of the J & K State and district Kathua. It was also mentioned in the notification that for the purpose of making selection , local criteria as applicable under rules shall be followed. This notification was followed by an addendum issued by notice No. 11 of 2014-15 dated 21.2.2015 which inter alia provided that for making selection at the sub centre level for the post of FMPHW, preference shall be given to the candidate available in the village concerned. It was also provided that in case from the village concerned suitable candidate is not available, the zone of consideration shall be extended to Medical Block level and if there is none available in the medical block, then the candidates from the tehsil concerned would have the right of consideration.

(2.) Pursuant to aforesaid notification, the selection was made and for the sub centre Kumri , respondent No. 5 came to be selected , which is apparent from the select list published by respondent No. 4 vide Notification No. DIP/J/1307-15 dated 13.5.2015. In the select list it was specifically mentioned that amongst other, respondent No. 5 has been selected by considering her merit at the block level .

(3.) The petitioner is aggrieved of the selection of respondent No. 5 as FMPHW in the sub centre, Kumri and has assailed the same primarily on the ground that in view of availability of local candidate i.e. the petitioner who belongs to village Androte of which Kumri is the Morha, the zone of consideration should have been restricted to the candidates belonging to the village and should not have been extended to the medical block level.