VIKAS GUPTA Vs. STATE OF J&K

JUDGEMENT

(1.) In this petition, the petitioner calls in question the selection of respondent No. 6 as Consultant Microbiologist IRL under the State TB Control Society, Jammu made by respondent No. 4 vide notification No. STO/J/RNTCP/12-14/11 dtd. 6/4/2011. The petitioner also throws challenge to the consequent orders of engagement of respondent No. 6 as Consultant, Microbiologist, IRL issued by the respondents on 9/9/2011 and 12/9/2011. The petitioner also seeks a direction to the respondents to consider him for appointment against the post of Microbiologist IRL (EQA and DRS) in place of respondent No. 6.

(2.) Briefly stated, the facts leading to the filing of this petition are; Respondent No. 4 vide advertisement notification issued under No. STO/J/RNTCP/12-14/11 dtd. 6/4/2011 invited applications from permanent residents of Jammu division for filling up different posts including one post of Consultant Microbiologist IRL (EQA and DRS) on contractual basis for a period of one year. The petitioner, who possesses qualification of M.Sc (Microbiology) with Medical Microbiology as major subject and having experience in Culture and DST for mycobacterium tuberculosis, applied for the post. At the time of submission of his application form, the petitioner was already holding a post of Laboratory Technician in the Directorate of Health Services and was posted in IRL Laboratory, CD Hospital, Jammu. Apart from the petitioner, respondent No. 6, also applied for the post. The selection was conducted by respondent No. 4 and vide notification No. STO/J/RNTCP/12-14/11 dtd. 6/4/2011, the select list was issued in which, respondent No. 6 was shown selected for the solitary post of Consultant Microbiologist, IRL. Pursuant to the aforesaid selection, respondent No. 6 came to be appointed as well.

(3.) The petitioner is aggrieved of the selection of respondent No. 6 and seeks to challenge the same inter-alia on the following grounds:-