1. Petitioner Nos. 1 and 2 and petitioner No. 3 are Post- Graduates in the discipline of Orthopaedics apd Paediatrics respectively. They have approached this Court questioning the vires of Rule 5 (b) read with Schedule III of the Jammu and Kashmir Medical Education (Gazetted) Service Recruitment Rules, 1979 insofar as it prescribes recruitment to the post of Registrar/Demonstrator "by deputation from J&K Medical (Gazetted) Service for a specified period on the recommendation of the Selection Committee of Medical Colleges". 2. It is pleaded that the above mode of recruitment is arbitrary, unreasonable and without any rational. Projecting that the Rule was violative of Articles 14 and 16 of the Constitution of India, it is urged that exclusion of Post-Graduates in medicine/surgery from consideration for selection as Registrar/Demonstrator, is without any nexus sought to be achieved by prescribing only Deputation from the Jammu and Kashmir Medical (Gazetted) Service for selection against the posts as the only mode of recruitment. 3. It is additionally pleaded that having not placed any such restriction for selection of Registrar/Demonstrator in Medical Colleges for engagement under SRO 384 of 2009 dated 14.12.2009, the continuance of the prescribed qualification as indicated in Schedule III Clause VI (supra) may not be warranted, in that, the State cannot have two different qualifications for same positions. 4. Heard petitioners' learned counsel on Motion Hearing and considered his submissions. 5. Being the best person to know as to who was best suited for its job, it is the employer's prerogative to prescribe Mode and Manner for recruitment/promotion of the persons sought to be engaged. The norms and standards required by the employer to recruit persons to the cadre of its service(s) are to be devised keeping in mind, host of factors, inter alia, including need and requirement of the Service, experience, if any, needed for the job and the qualifications that the candidate must possess. 6. The State Government has considered it appropriate not to consider inexperienced medical graduates, be they holder of qualification(s) higher than the minimum prescribed for entry into the service for engagement as Registrar/Demonstrator in its Medical Colleges and it is for this reason that only Mode of recruitment prescribed for these posts is by Deputation from the Jammu and Kashmir Medical (Gazetted) Service. 7.
7. The wisdom of the employer in having only experienced persons as Registrars/Demonstrators in Medical Colleges cannot be questioned by seekers of employment, in that, they possess no right still-less enforceable to demand eligibility conditions of their choice. 8. The experience prescribed for the members of the Jammu and Kashmir Medical (Gazetted) Service to become eligible for deputation to the Jammu and Kashmir Medical Education (Gazetted) Service, too eloquently demonstrates employer's intention to have only experienced Medical Officers for engagement as Registrar/Demonstrator in Government Medical Colleges. Higher qualification cannot be substitute for practical experience, prescribed for recruitment as Demonstrator/Registrar. 9. The petitioners' learned counsel's plea that there is no nexus with the object sought to be achieved in considering only experienced in-service members of the Jammu and Kashmir Medical (Gazetted) Service for recruitment in Medical Colleges and that the method prescribed for recruitment was arbitrary and unreasonable is, therefore, found untenable additionally because no acceptable reason has been projected to demonstrate that the method of recruitment was arbitrary, unreasonable and without any nexus. The submission is, accordingly, rejected. 10. The next plea of the learned counsel that the Government cannot prescribe two qualifications for same positions, too is found without merit, in that, the selection procedure prescribed for filling up available vacancies in terms of SRO 384 of 2009 dated 14.12.2009, is an interim arrangement for engagement of persons on academic arrangement basis until regular selections were made in terms of the Jammu and Kashmir Medical Education (Gazetted) Service Recruitment Rules, 1979. The interim arrangement devised by the State Government to tide over the existing situation of non-availability of eligible persons for recruitment/promotion in the Jammu and Kashmir Medical Education (Gazetted) Service, does not, in any way, advance the petitioners' case, in that, the selection made pursuant to SRO 384 of 2009 on academic arrangement basis being a temporary measure, is not the mode and manner for recruitment to any regular service in the State for health care as such. 11. For all what has been said above, no case for entertaining the petitioners' challenge to the mode of recruitment prescribed for the post of Registrar/Demonstrator is, therefore, made out. 12. Found without merit, this Writ Petition is, accordingly dismissed in limine.