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J&K High Court · body

2003 DIGILAW 327 (JK)

Bharat Bhushan v. State

2003-10-17

PERMOD KOHLI

body2003
Selection/appointment of respondents 3 to 7 as Laboratory Assistants in the Health Department has been challenged by the petitioner, who remained unsuccessful in the said selection. Vide Advertisement Notice No. 01 of 2000 dated 21.9.2000, applications were invited by respondent-2 i.e. J&K Subordinate Service Recruitment Board for selection of Laboratory Assistant in the Health Department, which was a District Cadre post. Another Advertisement Notice bearing No. 01 of 2001 dated 30.1.2001 was issued for District Rajouri. Petitioner, being eligible, was one of the applicants in both the selections. The qualification as prescribed in both the Advertisement Notices, was Matric with diploma of Laboratory Assistant from the State Medical Faculty or any other institute recognized by the J&K Government or anybody authorized by it. Application of the petitioner was found to be in order and accordingly he was called for test, which was conducted by a committee consisting of Shri N.K.Vohra, Convenor, Deputy Director, Health Services, Member and Dr. Amla, Member. Petitioner, who is Matriculate and having completed diploma course in medical laboratory technology issued by the Institute of Public Health and Hygiene, New Delhi, submitted his documents. The select list was issued on 9.11.2001, which was published in local newspaper ( State Times ). Respondents 3 to 7 were selected for the post of Laboratory Assistant whereas petitioner could not find berth in the select list. The selection of private respondents and his non-selection has been challenged on the ground that petitioner is possessed of higher merit than the selectees. Petitioner claims to have secured 265 marks out of total 750 marks in diploma course in Medical Laboratory Technology and has secured 573 marks out of 1000 marks i.e. 57.3% whereas respondent-6 has obtained 54.20 marks and respondent-7 has obtained only 54.80 marks in the diploma course. Petitioner has primarily challenged the mode of selection and criteria which appears to have been adopted by the respondents. In Ground-B, it is stated that criteria for selection was not disclosed and therefore, the selection has been made in arbitrary manner, hence, entire selection is vitiated. Regarding interview, it is stated that the same was only a farce as no question germane to the selection, was asked to the candidate. It is stated that except introductory questions, nothing was asked. 2. Reply has been filed to the petition both by the State respondents and the J&K Service Recruitment Board. Regarding interview, it is stated that the same was only a farce as no question germane to the selection, was asked to the candidate. It is stated that except introductory questions, nothing was asked. 2. Reply has been filed to the petition both by the State respondents and the J&K Service Recruitment Board. The J&K Service Selection Recruitment Board has stated that the petitioner could not be selected because of low merit, as he obtained only 55.17 points whereas the last selectee has secured 57.84 points in the open category. It is further stated that the petitioner having participated in the selection process, cannot challenge the same. The marks secured by all the selectees, have been indicated in para-5 of the reply filed by the J&K Service Selection Recruitment Board, which is reproduced below: "1. Jasbir Kour62.92% 2. Avihash Kumar 61.01% 3. Mohd. Bashir 59.40% 4. Maroof Ayaz 59.36% 5. Sanjay Sharma 57.84%" 3. The J&K Service Selection Recruitment Board has also indicated the criteria for selection, which is also quoted herein below: "1. Education qualification plus Technical qualification : 80% marks 2. Viva -Voce/Interview : 20% marks Total: : 100 marks." 4. As far reply by State- respondent is concerned, nothing substantial has been stated except that the petitioner could not make a grade in the selection and cannot be permitted to challenge the same. Under the orders of the court, selection record was produced by respondents. The selection committee laid down the criteria for selection, which is as under : " Wtg to the basic qualification : 80 pts. V.V. 20 pts. Total : 100 pts." 5. The selection committee, selected five candidates in open merit category, one in ALC and one in RBA as communicated to the Principal Secretary to Govrnment, Health and Medical Education vide letter No.SSB/PA/Secy/1514-16/01 dated 9.11.2001. 6. From the award sheet, it appears that the entire selection was based upon the weightage given to technical qualification i.e. diploma in Laboratory Technology and Viva-voce. No weightage whatsoever has been given to the basic academic qualification or even the higher academic qualification at all. For example, petitioner has secured 573 marks out of 1000 in diploma of Laboratory Technology i.e 57.30% and weightage was given out of 80 points, which comes to 45.84. After addition of marks secured in viva-voce, his total percentage comes to 55.17. For example, petitioner has secured 573 marks out of 1000 in diploma of Laboratory Technology i.e 57.30% and weightage was given out of 80 points, which comes to 45.84. After addition of marks secured in viva-voce, his total percentage comes to 55.17. Similarly points of other selectees were calculated out of 80% only on the basis of diploma in Laboratory Technology and after addition of marks of interview, final select list has been prepared. 7. From the Advertisement Notice, it appears that for making selection, respondents were required to take into consideration Matric with diploma in Laboratory Assistant or any other equal qualification. Therefore, the criteria for selection has to be Matric and diploma. 80% weightage was to be given to both these qualifications and 20% to the Viva-voce. The selection committee though fixed 80 points for weithage to the basic qualification and 20 points for viva-voce but while making selection, no weightage whatsoever has been given to the academic qualification i.e. Matric or any higher qualification and the entire weightage of 80 points has been applied to technical qualification i.e. diploma course in Laboratory Technology. Matric with diploma i.e. the academic qualification and the technical qualification both being the basic qualifications, weightage was required to be given to both these qualifications. Respondents were not entitled to deviate from the criteria as advertised in advertisement notice and fixed at the time of selection. Since no weightage whatsoever has been given to the academic qualification i.e matrculation or above, the selection is in contravention to the criteria laid down in the advertisement notice as also initially fixed by the selection committee. The selection of private respondents 3 to 7 thus, cannot be said to be in accordance with law and is thus liable to be quashed. 8. It is settled proposition of law whenever the selection committee has laid down criteria, the same is required to be adhered to and cannot be altered by the selection authority. The J&K Service Selection Recruitment Board having totally ignored academic qualification, which was one of the essential qualifications/eligibility criteria for selection, has made selection in arbitrary manner without application of mind. 9. In view of the above position, this writ petition is allowed in so far relief of quashment of selection of private respondents is concerned. Selection of private respondents 3 to 7 as Laboratory Assistant in District Rajouri,is quashed and set aside. 9. In view of the above position, this writ petition is allowed in so far relief of quashment of selection of private respondents is concerned. Selection of private respondents 3 to 7 as Laboratory Assistant in District Rajouri,is quashed and set aside. Respondent- Service Selection Board is directed to make selection afresh out of candidates who appeared pursuant to Notification Nos. 01 of 2000 dated 21.9.2000 and 01 of 2001 dated 30.1.2001 after giving due weightage to matriculation and higher qualification equally alongwith technical qualification, both being the essential eligibility criteria as notified in the advertisement notice and initially fixed by the selection committee. The marks given to the candidates in the interview shall remain the same. After giving due weightage to matriculation, higher qualification, if any, and technical qualification and the marks secured in viva voce, a fresh select list shall be drawn and consequently the appointment be made on that basis Let the entire exercise be completed within a period of two months and final select list declared/notified.