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2021 Supreme(J&K) 256

SANJAY DHAR, PANKAJ MITHAL
Mehrajuddin Mir – Appellant
Versus
State of J. K. – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Mohsin Qadiri, Mr. Mohd. Tehseen Sofi.
For the Respondents: Mr. Shah Aamir, Mr. Sajad Ashraf, Mr. Z.A. Shah, Ms. Shiva Sharma, Mr. Abdul Majid Dar, Mr. Mohd. Shafi.

ORDER :

1. Three writ petitions came to be filed raising controversy with regard to selection to the post of Junior Anesthesia Assistant pursuant to the advertisement Notice No. 7 of 2015 dated 2.12.2015. All the three writ petitions were decided by a common judgment and order dated 3.6.2019, which has been impugned by means of the present two appeals preferred under clause 12 of Letters Patent.

2. We have heard Mr. Mohsin Qadiri, learned senior advocate assisted by Mr. Tehseen Sofi, advocate, and Mr. Z. A. Shah, senior advocate assisted by Ms. Shiva Sharma, advocate, Mr. A.M. Dar, senior advocate with Mr. Mohd. Shafi, and Mr. Sajad Ashraf, learned counsel for the parties.

3. The sole controversy is regarding the minimum qualification required for holding the post of Junior Anesthesia Assistant. According to the advertisement notice, the qualification prescribed is “10+2 with Science and Diploma in Anesthesia Technology from SMF or any other recognized institute.”

4. It is alleged that on the basis of subsequent notifications, candidates possessing qualification of “10+2 with Science and Diploma in Anesthesia and those with Diploma in Operation Theatre Technology” were also considered

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