MANISHA SHARMA Vs. STATE OF J&K

JUDGEMENT

(1.) The selection of respondent No.5 as Female Multipurpose Health Worker/ANM (Health and Medical Education Department), District Cadre, Samba made by respondent No.2 pursuant to Advertisement Notification No.01 of 2017 dated 20.07.2017 is subject matter of challenge in this writ petition filed by the petitioner Manisha Sharma.

(2.) Briefly stated the facts are that the petitioner-Manisha Sharma as well respondent No.5- Anu Radha Sharma responded to Advertisement Notice No.01 of 2017 dated 20.07.2017, issued by respondent No.2 and submitted their online applications for the post of Female Multipurpose Workers (for short ?FMPHW), Health and Medical Education Department, District Cadre, Samba. Indisputably, both possess the requisite qualification prescribed for the post. There were three posts in all notified for selection which included one post of FMPHW/ANM in the open category. The petitioner as well as respondent No.5 both are candidates belonging to general category and therefore, applied for the lone post notified under the open merit category. The cut-off date, i.e. last date for submission of online application forms as indicated in the advertisement notification was 23.08.2017 on which date the candidates applying were supposed to possess the requisite eligibility to apply for the post. Apart from possessing minimum educational/technical qualification, the candidates were also required to meet the following eligibility criteria:-

(3.) Both the petitioner and the respondent No. 5 claiming to be eligible in terms of the eligibility criteria prescribed in the Advertisement Notification submitted their candidature for the singular post of FMPHW/ANM in question, which was borne on the district cadre of the Health and Medical Education Service. The respondent No.2 after conducting the selection process came up with the provisional short list which was notified by its Notice No. SSB/Sel/Secy/2017/1390-93 dated 05.02.2018 in which the respondent No.5 was shown at S.No. 1 and the petitioner was shown at S.No.2. Being aggrieved of the placement of respondent No.5 ahead of her, the petitioner approached this Court, through SWP No. 1724/2017 and assailed the provisional short list prepared by the respondent No.2, inter alia, on the ground that the respondent No.5 being not the resident of district Samba for the last 15 years and also not actually residing in the area was ineligible to be considered. It is claimed that this Court vide its interim order dated 29.08.2018 while issuing notice to the respondents to file objections, directed the respondent No.2 not to finalize the selection of respondent No.5. It further transpires that aforesaid writ petition was later on dismissed for non-prosecution by this Court on 05.04.2019, which paved the way for issuance of final select list by respondent No.2. In the final select list, as was obvious, the respondent No.5 was shown selected, but, the recommendation in her favour was withheld subject to verification of her permanent resident certificate from the Deputy Commissioner, Samba. The petitioner objected to the placement of respondent No.5 in the select list and claims that she submitted all the proofs in the shape of different documents to the respondent No.2 to demonstrate the fact that the respondent No.5 was a resident of District Udhampur and had not resided in District Samba for a period of 15 years nor was she actually residing at the time of submission of her application form for the post in question.