1. By the medium of this writ petition, the petitioners are seeking to quash the select list issued by the respondent-department for the post of Junior Grade Nurse published in Daily Greater Kashmir on 17.01.2012, with a direction to official respondents to consider only diploma holders against the said post after refraining the select list. 3. It is averred in the petition that the petitioners are 10+2 with Diploma in Nursing. Service Selection Board issued advertisement Notice No. 08 of 2010 dated 24.12.2010 inviting applications for different posts in divisional cadre, including the post of Junior Grade Nurse in Health & Medical Education Department. Petitioners, in response to the said advertisement applied for the post of Junior Grade Nurse in the open category, having the requisite qualification of 10n 2 with Diploma in Nursing, as prescribed in the advertisement notice read with the Jammu & Kashmir Health and Medical (Subordinate) Service Recruitment rules, 1992 and Nursing (Subordinate) Service Recruitment Rules, 1971. Thereafter, respondents 2 & 3 prepared the short list of candidates. Private respondents, who possess the qualification B.Sc. Honours, are not eligible for the post of Junior Grade Nurse. As per the stand of petitioners, 10+2 with Diploma in Nursing is the only eligibility criteria for being considered against the post of Junior Grade Nurse. The rules nowhere prescribe that a person having B.Sc. Honours is also eligible for the said post unless recruitment rules are modified or changed. 3. Respondent no. 1 in the reply has specifically stated in parn-2 as to what is the required qualification and the mode of recruitment against the post of Junior Grade Nurse. Further, in paragraph-4 of the reply, it is stated that it is for the J&K Service Selection Board to determine the eligibility and suitability of a candidate to the said post and it is not the domain of Health Department. 4. Respondents 2 and 3 in their reply have stated that it is a fact that petitioners and private respondents applied in terms of advertisement Notice dated 24.12.2010 against the post of Junior Grade Nurse. Select list was prepared and issued on 14.01.2012. Respondents 2 & 3 received representations against the select list and the matter was referred to Health & Medical Education Department for clarification. Respondent no. Select list was prepared and issued on 14.01.2012. Respondents 2 & 3 received representations against the select list and the matter was referred to Health & Medical Education Department for clarification. Respondent no. 1, while giving clarification, conveyed that the selection be made in terms of the recruitment rules read with the criteria fixed and notified by the Board. It is stated that, accordingly, the Board is in the process of finalizing the select list. 5. Some of the private respondents have also filed reply. It is stated that the petitioners have questioned the selection of private respondents on the ground that as the answering respondents have acquired superior qualification of B.Sc. Nursing, therefore, they could not be considered for selection against the post of Junior Grade Nurse. It is stated that higher qualification in any discipline cannot be said to be a disqualification and debar such candidates from seeking consideration for selection against the post where the requirement is of lower qualification in the same field. It is further contended that the Diploma in Nursing is the eligibility qualification for undertaking B.Sc. Nursing Course and if any person is having higher qualification in Nursing, the same cannot be a stigma attached to the degree holders to seek selection/appointment against the post of Junior Grade Nurse. Further, it is contended that the Diploma in Nursing is the minimum eligibility qualification prescribed for the post of Junior Grade Nurse, but that does not debar a candidate possessing B.Sc. Nursing to apply for the post. 6. Thus, the sole question involved in this writ petition is whether a person, having a higher qualification in any discipline, can be said to be ineligible to apply for a lower post in the same discipline in view of his higher qualification? The same question came up for consideration before this Court in case Ajay Kumar Uttam v. State & others, 2010 (2) JKJ 757 (HC). This Court, while relying upon a judgment of the Apex Court, has held has under: "3. The same question came up for consideration before this Court in case Ajay Kumar Uttam v. State & others, 2010 (2) JKJ 757 (HC). This Court, while relying upon a judgment of the Apex Court, has held has under: "3. At the time of consideration of the Writ Petition, his learned counsel restricted the petitioner's challenge to the selection of the respondents on the sole ground that they were ineligible to compete for the posts because the qualification of Bachelor of Engineering, possessed by them was neither the prescribed qualification nor otherwise equivalent to the prescribed qualification of 3 years Diploma/2 years Draftsmanship in any Branch of Engineering. 7. Reliance is placed on P.M. Latha & another v. State of Kerala & others, reported as (2003) 3 SCC 541 . "7. The reasoning given by the Supreme Court for holding that those holding the B.Ed Degree did not possess the requisite qualification of Trained Teachers' Certificate which had been notified as requisite qualification for the posts of Primary Teachers may not be applicable to the facts of the present case, in view of the reasons which were adopted by this Court in S. Gurmeet Singh's case in holding that Degree in Engineering is a higher qualification to that of Diploma in Engineering relying on the judgment delivered by Hon'ble Supreme Court of India in Jyoti K.K. & others v. Kerala Public Service Commission & others, reported as JT 2002 (Suppl. 1) SC 85, where the Hon'ble Supreme Court of India had observed as follows:- "It is no doubt true, as stated by the High Court that when a qualification has been set out under the relevant rules, the same cannot be in any manner whittled down and a different qualification cannot be adopted. The High Court is also justified in stating that the higher qualification must clearly indicate or pre-suppose the acquisition of the lower qualification prescribed for that post in order to attract that part of the rule to the effect that such of those higher qualifications which presuppose the acquisition of the lower qualifications prescribed for the post shall also be sufficient for the post. If a person has acquired higher qualifications in the same faculty, such qualification can certainly be stated to presuppose the acquisition of the lower qualifications prescribed for the post. In this case, it may not be necessary to seek far. If a person has acquired higher qualifications in the same faculty, such qualification can certainly be stated to presuppose the acquisition of the lower qualifications prescribed for the post. In this case, it may not be necessary to seek far. Under the relevant rules, for the post of assistant engineer, degree in electrical engineering of Kerala University or other equivalent to qualification recognized or equivalent thereto has been prescribed. For a higher post when a direct recruitment has to be held, the qualification that has to be obtained, obviously gives an indication that such qualification is definitely higher qualification than what is prescribed for the lower post, namely, the post of sub-engineer. In that view of the matter the qualification of degree in electrical engineering presupposes the acquisition of the lower qualification of diploma in that subject prescribed for the post, shall be considered to be sufficient for that post. In the event the government is of the view that only diploma holders should have applied to post of sub-engineers but not all those who possess higher qualifications, either this rule should have excluded in respect of candidates who possess higher qualifications or the position should have been made clear that degree holder shall not be eligible to apply for such post. When that position is not clear but on the other hand rules do not disqualify per se the holders of higher qualifications in the same faculty, it becomes clear that the rule could be understood in an appropriate manner as stated above. In that view of the matter, the order of the High Court cannot be sustained." 8. It would also be apt to reproduce paragraph 2 of the reply of respondent no. 1 herein. "2. That it is respectfully submitted that the post of Junior Grade Nurse in Medical Education Department is required to be filled from amongst the candidates having qualification as per Govt. Order No. 26-HME of 2006 dated 19.01.2006 which provides the qualification and mode of recruitment as under: Category Designation of the post Pay Scale of the Post Minimum qualification Method of recruitment 1. Junior Grade Nurse 4000-6000(pre-revised) 10+2 or above qualification with 75% by direct recruitment. 25% by promotion from in-service female Diploma in Nursing from candidates having Diploma in Nursing from State Medical recognised Institution for direct recruitment Faculty or any other recognized Institution with 05 years service." 9. Junior Grade Nurse 4000-6000(pre-revised) 10+2 or above qualification with 75% by direct recruitment. 25% by promotion from in-service female Diploma in Nursing from candidates having Diploma in Nursing from State Medical recognised Institution for direct recruitment Faculty or any other recognized Institution with 05 years service." 9. In the given circumstances, by no stretch of imagination it can be said and held that a person, who is having higher qualification in any discipline, is ineligible for competing for the post where a minimum qualification is provided as the requisite qualification. The qualification so prescribed is the minimum eligibility qualification, not the maximum one so as to place a bar on a candidate possessing higher qualification in the same discipline to seek consideration against the post. 10. In view of the above, there is no merit in the writ petition. 11. Dismissed as such along with all CMPs.