Research › Search › Judgment

J&K High Court · body

2009 DIGILAW 622 (JK)

Vishal Bhati v. State

2009-12-07

SUNIL HALI

body2009
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. 4. On the other hand, the stand of the respondents is that expert co-opted for the selection was M.B.B.S, and was capable of holding the selection to the post of Laboratory Assistant. It is indicated that `Pathology is one of the subject in M.B.B.S, as such, said member was fully competent to conduct the interview of the candidates to a post, which did not require assistance of an expert having special knowledge in Pathology. Higher weightage has been given to technical qualification i.e. 50 marks and 02 marks only have been given to the graduation. 5. I have heard learned counsel for the parties and perused the record. Higher weightage has been given to technical qualification i.e. 50 marks and 02 marks only have been given to the graduation. 5. I have heard learned counsel for the parties and perused the record. 6. It is not in dispute that for conducting interview for the post of Laboratory Assistant, the knowledge of pathology is not required. The ability in the subject was not fundamental to the nature of the job as Laboratory Assistant. It is clearly envisaged in the rules that expert/specialist may be co-opted in the discipline for which recruitment has to be made. Admittedly, the appointment was not made in the discipline of pathology, so it was not incumbent to appoint an expert in that field. The Chairman has co-opted Dr. Vinod Gupta to judge the ability of the candidates, regarding the manner in which they are required to handle the instruments of the laboratory. One cannot find any fault in appointment of Dr. Vinod Gupta as a member of the Committee. It is reiterated that Dr. Vinod Gupta was only a member and not an expert appointed under Rule 9 of aforesaid Recruitment Rules. 7. Regarding the second contention raised that higher weightage has been given to the graduate candidates, which has resulted in exclusion of the petitioners, even though they had better merit in the basic technical qualification. It is reiterated that as the petitioners have participated in the interview process and were aware of the fact that 02 points have been reserved for additional qualification of graduation, and 50% marks have been reserved for technical qualification, they cannot question the criteria after having participated in the interview process. 8. As per mandate of law, a person, who has participated in the selection process and has not questioned the mode of such selection, cannot turn down and question the same. The Supreme Court in `Om Parkash Shukla v. Akhilesh Kumar Shukla reported in AIR, 1986 SC 1043, has clearly laid down that when the petitioners appeared in the interview without protest and after having failed to find their names in the select list, they cannot challenge the selection including the criteria. 9. In view of the above, I do not find any merit in the writ petition. The same is, accordingly, dismissed alongwith connected CMP, if any.