JUDGMENT : 1. When the matter was taken up for consideration, it was pointed out by the petitioner that he has arrayed Commissioner/Secretary to Government, Education Department inadvertently as respondent No. 1 instead of Commissioner/Secretary to Government, Health and Medical Education Department. He, therefore, prays for permitting him to make table amendment so as to correct the same. 2. Permitted. 3. Commissioner/Secretary to Government, Health and Medical Education Department, J&K, Civil Secretariat, Srinagar is impleaded as respondent No. 2. 4. Registry to make necessary corrections in the cause title of the case. 5. With the consent of the parties, the matter is admitted to hearing and taken up for final disposal. 6. The short grievance projected by the petitioner in this petition is that respondent Nos. 2 and 3 vide Advertisement Notice No. 06 of 2015 dated 01.09.2015 invited applications for the post of Sanitary Inspector District Cadre Ramban. The petitioner claims that being fully eligible in terms of the said Notification, he sought consideration for the post of Sanitary Inspector under SC category. 7. The petitioner further submits that there was one post of Sanitary Inspector available in District Ramban under SC category. He claims to have participated in the selection process. On conclusion of the selection process, select list was issued in which one Sh. Varun Kumar was shown selected under SC category but his recommendation was kept withheld subject to production of original Diploma and 2nd year marks certificate of Diploma. It is further pointed out by the petitioner that the aforesaid documents were required to be supplied by Sh. Varun Kumar within a period of 30 days from the date of issuance of the select list. He, therefore, submits that since the select list was issued somewhere in the month of January, 2017 and even after lapse of five months, the selected candidate namely Sh. Varun Kumar has failed to submit the requisite documents. In view of the failure to submit his requisite documents, his selection is liable to be cancelled and the petitioner being next in the order of merit is likely to be selected and appointed against that post. 8. Mr. Ehsan Mirza, learned Deputy Advocate General appearing vice Mr. Raman Sharma, Deputy Advocate General, counsel for the respondent-Board, submits that in the facts and circumstances of the case, respondent-Board is required to consider the matter and pass appropriate orders. 9.
8. Mr. Ehsan Mirza, learned Deputy Advocate General appearing vice Mr. Raman Sharma, Deputy Advocate General, counsel for the respondent-Board, submits that in the facts and circumstances of the case, respondent-Board is required to consider the matter and pass appropriate orders. 9. Keeping in view the nature of controversy and undisputable facts, the petition is disposed of with directions to respondent Nos. 2 and 3 to consider the grievance projected by the petitioner in this petition and in case selected candidate namely Sh. Varun Kumar has failed to submit the original Diploma and 2nd year marks certificate of Diploma within the period stipulated in the select list or even thereafter till date, then necessary orders for cancellation of his selection shall be passed. It is further directed that in case the petitioner is next in the order of merit and fulfills the other eligibility conditions, necessary recommendations in his favour shall be forwarded to respondent No. 1. Let this exercise be completed within a period of four weeks from the date of receipt of copy of this judgment which shall be served by the petitioner upon the respondents. In case the recommendation of the petitioner is made by respondent Nos. 2 and 3, respondent No. 1 shall issue order of appointment in his favour subject to verification of his educational and technical qualifications within a period of four weeks thereafter. 10. The writ petition is disposed of as above along with connected MPs.