VISHAL BHATI Vs. STATE

JUDGEMENT

(1.) VIDE Notification No. 6 of 2004 dated 29.09.2004, the Service Selection -Board advertised 13 vacancies (Open Merit -9, RBA -2, ST -1, SC -1) of Laboratory Assistants in District Cadre, Jammu. The prescribed qualification was Matric with Diploma in Laboratory Assistant Training Course from State Medical Faculty or any other recognized Institute. In order to make selection, the following criteria was adopted for selection of the candidates: - Weightage to Diploma in Lab Assistant = 50 points Weightage to Matric = 25 points Weightage to Addl. Qualification (10+2) = 03 points Weightage to Graduation = 02 Points Viva voce = 20 points Total = 100 points

(2.) IN pursuance to Rule 9 of the Jammu and Kashmir Subordinate Service Recruitment Rules, 1992, the Chairman, Service Selection Board nominated 3 persons to conduct the interview. One of the members was Dr. Vinod Gupta, Chief Medical Officer. After the process of selection was conducted, 9 candidates were selected in the open category, who are respondents in this case. Being aggrieved of their non selection, the petitioners filed the present writ petition before this court.

(3.) THE contention of the petitioners is that under Rule 9 of Jammu and Kashmir. Subordinate Service Recruitment Rules, 1992, the Chairman is required to co -opt an expert specialist in the discipline, for which recruitment has to be made, which has not been done in the present case. It is stated that Chief Medical Officer was only MBBS, who was co -opted in the Committee. The other ground raised by the petitioners is that weightage has been given to the higher qualification i.e. graduation and the basic technical qualification i.e. B.Sc. laboratory technology has been excluded. According to the petitioners, weightage should have given to the persons who are B.Sc. Lab. Technology and not mere graduate.