1. Petitioner has sought quashment of the communication bearing No. Health/79/NG/2007 dated 11th December, 2007, made by respondent No. 4-Under Secretary to Govt. Health and Medical Education Department, to respondent No. 2-Secretary J&K Service Selection Recruitment Board, Srinagar/Jammu. Petitioner further seeks writ of mandamus to the effect that respondent No. 2 be directed to forward the name of petitioner to the Govt. for his appointment against the post of Ophthalmic Assistant and release the consequent benefits thereof. 2. Respondents 1 to 4 have filed the reply and resisted the petition. 3. Respondent No. 5 has chosen to remain absent, accordingly has been set exparte. 4. Vide order dated 15th December, 2007, respondents were directed to keep one post of Ophthalmic Assistant reserved. 5. It is pleaded in the writ petition that respondent No. 2 in terms of Advertisement Notification No. 10/2005 dated 29th December, 2005 invited applications from eligible candidates for various posts including the post of Ophthalmic Assistant — Annexure D. It is mentioned in the Advertisement Notice that the candidate for the post of Ophthalmic Assistant must be matric with diploma in Ophthalmic Assistant Training from SMF or any other recognized Institute. 6. Petitioner along with other candidates applied, was called for interview and thereafter selected also vide Annexure F. The petitioner figured in the select list at serial No. 3. 7. It is contended that on the basis of some vested interest, respondent No. 2 after issuing select list made a communication to respondent No. 4 and sought instructions, as to whether a candidate possessing diploma in Optometry was eligible to apply for the post of Ophthalmic Assistant. In response to said communication, respondent No. 4 conveyed information that candidates with diploma in Optometry are not eligible for the said post-Annexure G. 8. The moment the petitioner came to know about the said letter, he addressed a representation-Annexure G1, to respondent No. 1, and submitted therein that the information conveyed in terms of letter impugned dated 11th December, 2007, is incorrect and diploma in Optometry is equivalent to diploma in Ophthalmic Assistant. The representation was forwarded to respondent No. 2, who did not take any action, constraining the petitioner to question the impugned communication dated 11th December, 2007 and seek relief supra. 9. It is specifically averred in the writ petition that, in terms of the Govt. The representation was forwarded to respondent No. 2, who did not take any action, constraining the petitioner to question the impugned communication dated 11th December, 2007 and seek relief supra. 9. It is specifically averred in the writ petition that, in terms of the Govt. Order No. 104-HME of 2006 dated 23rd February, 2006, read with Annexure A to the said order, the qualification prescribed for Ophthalmic Assistant is figuring at category E of the said communication which says that the qualification prescribed for the post of Ophthalmic Assistant is 10+2 in Science with Diploma in Ophthalmic Assistant/Diploma in Refraction training course from Recognized Institute. Further it is stated that diploma in Optometry is also called a diploma in Refraction Training. Thus the candidate possessing diploma in Optometry is eligible for Ophthalmic Assistant and it is only because of the said reason that the application was entertained by the Board; the petitioner was called for interview and finally selected. The communication issued by respondent No. 4 is without any basis. There is a certificate, to this effect too, on the file, issued by Dr. Junaid S. Wani, consultant CMC, who was expert in selection committee for appointment of Ophthalmic Assistant, in terms of the advertisement notice supra. 10. The only ground on which the claim of the petitioner is being resisted by the respondents is that the prescribed qualification for the post of Ophthalmic Assistant as sought from the intending department was diploma in Ophthalmic Assistant training from SMF and the diploma in Optometry was not required qualification. On this assumption the petitioner has been held ineligible and dropped from the purview of consideration for selection. 11. Petitioner has placed on record various documents to indicate that diploma in Optometry is equivalent to diploma in Ophthalmic Assistant training from SMF and is eligible for consideration against the post of Ophthalmic Assistant. 12. In terms of item No. 143 of the Advertisement Notice, the prescribed qualification for the post of Ophthalmic Assistant for divisional cadre Kashmir is Matric with diploma in Ophthalmic Assistant Training from SMF or any other recognized Institute. 13. The only question for determination before this court is, as to whether the diploma in Optometry is a prescribed qualification or is equivalent to Ophthalmic Assistant Training from SMF? 14. 13. The only question for determination before this court is, as to whether the diploma in Optometry is a prescribed qualification or is equivalent to Ophthalmic Assistant Training from SMF? 14. Admittedly the candidature of the petitioner was accepted, he was called in for interview and thereafter was figuring in the select list at serial No. 3, but because of the impugned communication, he was shown the door. 15. Petitioner has placed on record various Govt. Orders which do disclose that diploma in Optometry is equivalent to Diploma in Ophthalmic Assistant Training from SMF. It is apt to reproduce operative portion of Annexure A to Govt. Order No. 104-HME of 2006 dated 23rd February, 2006:- Category Designation of the post Pay Scale of the post Minimum qualification Method of recruitment E Ophthalmic Assistant 4000-6000 10-2 in Science with diploma in Ophthalmic Assistant/Diploma in Refraction training course from Recognized institute 75% by direct recruitment. 25% by promotion from in-service candidates having requisite qualification and five years service as such. 16. As per this Govt. Order, the required qualification for the post of Ophthalmic Assistant is either diploma in Ophthalmic Assistant or Diploma in Refraction training course from Recognized Institute. 17. Principal Govt. Medical College, Srinagar has issued a certificate which also certifies that Diploma Ophthalmic Assistant Course and Diploma Optometry are prescribed equivalent qualifications required for appointment to the post of Ophthalmic Assistant, in terms of Govt. Order supra. 18. Dr. Junaid who is Consultant at SMHS Hospital and was expert in selection committee has also issued a certificate indicating that the diploma in Optometry and diploma in Ophthalmic Assistant are equivalent for the post of Ophthalmic Assistant-Annexure J and J1 to the writ petition. 19. Professor Tejit Singh, Head of the Department Ophthalmology at SMHS Hospital, Srinagar has also issued a certificate dated 15th December, 2007 which also discloses that diploma in Optometry is an equivalent qualification to diploma in refraction and hence a candidate who has diploma in Optometry fulfils the qualificational criteria for appointment as an ophthalmic Assistant. 20. There are photo copy of the two advertisement notices, one issued a t Jammu and one at Srinagar. 20. There are photo copy of the two advertisement notices, one issued a t Jammu and one at Srinagar. The Advertisement Notice issued at Jammu by Director Health Services Jammu, dated 18th January, 2012, prescribes the qualification for the post of Ophthalmic Assistant as Two years diploma course in Optometry or trained as an Ophthalmic Assistant in any of the recognized government hospitals as per guidelines of NPCB. Another Advertisement Notice dated 21st July, 2010 issued at Srinagar mentions the prescribed qualification for the post of Refractionist as B.Sc with diploma in Ophthalmic/Optometry/Refractionist training from a recognized institute. 21. In view of the said certificates and the other documents on the file, issued by the experts, it appears that candidate having diploma in optometry is also eligible for the post of Ophthalmic Assistant and diploma in Optometry and diploma in Ophthalmic Assistant Training from SMF are equivalent qualifications. 22. It is apt to mention herein that respondent No. 5 has not contested the writ petition. 23. It is beaten law of the land that in peculiar circumstances of the case the opinion of the expert is binding. Therefore, it is held that application of the petitioner was rightly accepted and he rightly figured in the select list. 24. Keeping in view the discussion made hereinabove, I am of the considered view that petitioner has carved out a case which would warrant the writ petition to be allowed. Accordingly, the writ petition is allowed, quashing the impugned communication. Petitioner is held to have prima-facie established that diploma. In Optometry is an equivalent qualification to that of diploma in Ophthalmic Assistant Training from SMF or any other Recognized Institute, for the post of Ophthalmic Assistant. Respondents, therefore, are directed to process the case of petitioner for his appointment against the post of Ophthalmic Assistant and pass the follow up orders. 25. Disposed of.