JUDGMENT : Mohammad Yaqoob Mir, J. 1. The admitted position is that the petitioners have competed for the posts of Female Multipurpose Health Worker (for short FMHW) as were advertised by the Vice Chairman, District Health Society (Chief Medical Officer), Shopian. Provisional selection of the petitioners has been withheld till recognition of the Institute of Para Medical Technology, New Delhi, wherefrom they have obtained diploma certificates, is ascertained. Protraction thereof has prompted the petitioners to file instant petition. The short controversy to be adjudicated upon is as to whether diploma certificates produced by the petitioners issued by the Institute of Para Medical Technology, Pahari Chattarpur, New Delhi, in absence of its recognition by the Government of Jammu and Kashmir, can be accepted for engagement as FMHW. 2. The qualification prescribed for FMHW post is: "Matric with diploma in FMPHW training course from SMF or any other recognized institute". Petitioners after successful completion of course have been awarded diploma certificates by the Institute of Para Medical Technology, Pahari Chattarpur, New Delhi, on the below mentioned dates: Name of the petitioner Date of obtaining Diploma certificate Petitioner Sareeda Jan 30.11.2011 Petitioner Shamsul Nisa 5.9.2012 Petitioner Ruby Jan 25.10.2010 Petitioner Waheeda Jan 5.9.2012 Petitioner Afshana Hassan 24.12.2012 3. Learned counsel for the petitioners would submit that the Institute was recognized by the Government of Jammu and Kashmir Health and Medical Education Department in the year 2007 for a period of one year. Thereafter a Committee was constituted by the Government which has made recommendation for grant of NOC/renewal to the Institute. 4. In opposition, learned counsel for the respondents would submit that the recognition in the year 2007 for a period of one year was for various courses which does not include diploma in Multipurpose Health Worker. 5. While considering the rival submission and after considering the record, it is clear that vide Govt. Order No. 531-HME of 2007, dated 08.08.2007, sanction has been accorded to the grant of recognition in favour of Institute of Para Medical Technology, Pahari Chattarpur, New Delhi, for a period of one year for imparting training in respect of following Para Medical Training Courses, subject to certain conditions incorporated in the order: (1) Medical Laboratory Technology (2) X-ray Technology (3) Ophthalmic Assistant Technology (4) Dental Mech./Hygienist It appears that after the year 2007, sanction for recognition was neither granted nor refused. 6. 6. The Institute had represented before the Government for recognition. The Government vide Order No. 738-HME of 2012, dated 19.12.2012 had constituted a Committee of following officers to inspect the Institute in terms of its available infrastructure for imparting training to various paramedical training courses. (1) Rajni Sharma, Principal, AMT School, Jammu, (2) Ashok Kumar, Under Secretary to Govt. Health and Medical Education Department, (3) Dr. Preetam Katoch, Assistant Director, Health Services, Jammu, The Committee after inspection submitted a detailed report copy of which is placed on record, its perusal reveals that the Institute has been established as a society under the name and style of "Society for Para Medical Technology, Pahari Chattarpur" under Societies Registration Act, XXI of 1860 under Registration No. 3/25306 of 1994, situated at Pahari Chattarpur, New Delhi-110074 with the objective to promote, encourage and assist research and training in the fields of healthcare and diagnostic sciences, reproductive and child health care, population education and allied subjected in India. The buildings possessed by the Institute are well supported with all facilities and designed with picturesque sound engineering system. The Institute offers 07 courses in varied streams strictly as per the guidelines meant for the purpose. On test check of syllabus for each stream, it was found that same has been prepared with the assistance of good expertise keeping in view the latest techniques to meet the quality training of the students in each stream. 07 streams include Multipurpose Health Worker (Dip. MPHW). Teaching staff/non-teaching staff/faculty of the institute for each stream has been found fully equipped and highly qualified to meet the object of teaching/training of students undergoing various courses. Regarding machinery and equipments, the Committee has appreciated its availability in the institute and has observed that the machinery/equipments presently available are meeting prescribed norms/guidelines laid down by Government of J&K. The students with home they had interacted were highly satisfied with the availability of sophisticated equipments and machinery as per the challenging demands and requirements of latest technology. Regarding teaching/learning facilities, it has been observed that more than 30 students can avail the reading facility in one go. Practical trainings are being given manually to the students of each stream followed by computerized analysis in the institute itself. Regarding computer lab, it has been observed by the Committee that a computer knowing teacher was seen delivering computer-knowing lecture to the students. Practical trainings are being given manually to the students of each stream followed by computerized analysis in the institute itself. Regarding computer lab, it has been observed by the Committee that a computer knowing teacher was seen delivering computer-knowing lecture to the students. Regarding tie up of the institute, it has been observed that the institute has tied up with number of Government/private health institutions for imparting practical training to the enrolled students. All requirements as specified in the guidelines are satisfactory. The Committee has finally concluded as under: "The institution found fully equipped with requirement against each stream. Laboratories are fully equipped for each stream. The teaching staff/non-teaching staff/faculty of the institute against each stream has found qualified in their respective disciplines. Lecture halls/museum/reception/staffroom/conference room/toilet/bathrooms/cooking/kitchen room etc. have been found in order. The role of the students with reference to daily attendance register during on-spot verification was found in accordance to guidelines. The holding of health camps outside the state by the institute is noteworthy. In view of the on-spot inspection, the Committee is of the opinion that there are no hurdles from any angle to stop/deny the institute for granting "NOC" or renewal from the J&K State Government. To facilitate the students of J&K State who were/are presently undergoing training need to be encourage in field of Health care system." 7. It appears that on the basis of above report, till date sanction has not been accorded to the grant of recognition by the Government of Jammu and Kashmir. 8. It is an admitted fact that the recognition by the Government of Jammu and Kashmir to the Institute of Para Medical Technology, Pahari Chattarpur, New Delhi, has been delayed by the Government despite above referred inspection report submitted by the Committee constituted by the Government which prompted the Institute to file OWP No. 3481/2015. Same has been disposed of vide judgment dated 26.03.2015 with a direction to the respondents therein to consider grant of NOC and recognition in favour of the institute in the light of the report made by the Committee constituted and pass appropriate orders within a period of eight weeks. That has not been done so far. 9. Whether due to delay in recognition to the institute by the Government of Jammu and Kashmir, diploma certificates awarded to the petitioners can be accepted, is a moot question to be answered. That has not been done so far. 9. Whether due to delay in recognition to the institute by the Government of Jammu and Kashmir, diploma certificates awarded to the petitioners can be accepted, is a moot question to be answered. If in, affirmative, then selection of the petitioners has to be given effect. In case, in negative, then their provisional selection has to be ignored. In the totality of the facts and circumstances, in-keeping with legitimate expectations, answer has to be in affirmative. 10. The diploma certificates issued in favour of the petitioners are not fake, so are genuine. Petitioners have pursued the course with dedication and it is only thereafter, diploma certificates have been awarded in their favour. 11. When the institute is having all facilities, as highlighted by the Committee constituted by the Government, the position of the institute and its registration is not disputed, there could be no reason for the petitioners to believe that the institute may not be recognized by the Government of Jammu and Kashmir, therefore, their legitimate expectation cannot be brushed aside. The doctrine of legitimate expectation, as described, has been referred to in para 45 of the judgment rendered by the Hon'ble Apex Court in the case captioned "Jasbir Singh Chhabra & Ors. v. State of Punjab & Ors.", (2010) 4 SCC 192 . Same is quoted here-under: "45. The doctrine of legitimate expectation has been described in Halsbury's Laws of England, 4th Edn. in the following words: "81. Legitimate expectations.-A person may have a legitimate expectation of being treated in a certain way by an administrative authority even though he has no legal right in private law to receive such treatment. The expectation may arise either from a representation or promise made by the authority, including an implied representation, or from consistent past practice." 12. In case students would not have been imparted requisite training, would not have appeared in the examination, the institute would not have been registered or would have been without proper infrastructure and Government would not have constituted Committee and Committee would not have made recommendation in favour of the institute, then there could be no scope for considering them but once they have pursued the course and all of them have secured first division, as is clear from the diploma as well as marks certificates issued in their favour, what fault can be attributed to them. 13. The FMHW have an essential role relatable to medical facilities. When petitioners are trained hands, possess requisite diploma and having passed the course with first division from an institute regarding which Committee has observed that the machinery/equipments presently available are meeting prescribed norms/guidelines laid down by the Government of J&K, how can they be ignored only in the name of institute not having been recognized by the J&K Govt. despite clear recommendation by the Committee constituted by the Government. On the ground of delay in according recognition, petitioners cannot be deprived of reaping fruit of their toil i.e. selection on the basis of merit. 14. For the stated facts and reasons, petition is allowed. Respondents are directed that the petitioners, who after due competition on the basis of merit have been selected, shall be allowed to join the post of Female Multipurpose Health Worker within a period of 15 days subject to satisfaction of other requisite formalities. Petition shall stand disposed of as above.