1. Appellants in Letters Patent Appeal Nos 15/2005; 16/2005; 24/2005; 29/2005; 30/2005 31/2005; and 36/2005; are the selectees for the post of Assistant Surgeons in the Health Department of the Jammu and Kashmir State. LPA (SW) No. 37/ 2005 has been preferred by the J&K Public Service Commission.

2. All these appeals are directed against judgment dated 23-12-2004 passed in batch of writ petitions whereby selection for the post of Assistant Surgeons made by the Public Service Commission on the requisition of Health and Medical Education Department has been set aside by the learned Single Judge.

3. It is relevant to notice the resume of the facts as emerge from the impugned judgment and the pleadings of the parties before the writ court/ us.

4. 31 posts of Assistant Surgeons were referred to the J&K Public Service Commission (hereinafter called the Commission) by the Health and Medical Education Department vide its requisition No. HT(GAD)131/95 dated 11-12-2002. This was followed by another communication No. HS(GAD) 131/95 dated 20-1-2003 whereby 190 more posts of Assistant Surgeons were referred to the Commission. Three posts in the open category were already pending for selection with the Commission prior to these references. In all 224 posts came to be referred with the following break-up:

5. On receipt of the requisitions the Commission notified 221 posts for selection vide its Notification No. 06/PSC of 2003 dated 23-6-2003. This notification confined itself to reserve category vacancies only. The Commission in its wisdom did not notify three Open Merit category vacancies pending for selection with it. The last date for receipt of the applications was fixed at 7-8-2003 by personal delivery and 14-8-2003 by post. While the process was going on another communication was sent to the Commission by the Health and Medical Education Department vide its No. HD (GAD)/Gen-53/ 2002 dated 7-11-2003 referring 206 more posts in the following maner:-

6. Pursuant to the afore-said requisition 209 posts including 3 from Open Merit already pending with the Commission were notified by the Commission vide its fresh Notification No. 16/PSC of 2003 dated 28-11-2003. Last date for receipt of the applications was 9-12-2003 for personal delivery and 26-12-2003 for postal delivery.

7. On the basis of the afore-mentioned references and two notifications issued by the Commission as many as 430 vacancies became available for selection for different categories :-

8. The notifications issued by the Commission also prescribed the qualifications required for the post. In addition to the qualifications and other eligibility criterion as stipulated in the Notification it was also notified that the qualifications prescribed are minimum and mere possession of the same does not entitle the candidate to be called for interview. The Commission reserved the right to restrict the number of candidates to be called for interview to a reasonable limit on the basis of higher percentage of marks secured in the qualifying examination and or qualifications and experience higher than the minimum prescribed in the advertisement notice as may be fixed by the Commission or by holding screening test as provided in Rule 40 of the Jammu and Kashmir Public Service Commission (Business and Procedure Rules) 1980. Where the Commission considers that the number of candidates who have applied for the post to be filled up by direct recruitment on the basis of interview is large and is not convenient or possible for the Commission to interview all the candidates, the Commission may restrict the number of candidates called for interview to a reasonable limit on the basis of higher percentage of marks secured in the qualifying examination and/or qualifications and experience higher than the minimum prescribed screening t