JUDGMENT :

Sanjay Dhar, J.

1. Petitioners have challenged judgment dated 25th October, 2021, passed by Central Administrative Tribunal, Jammu Bench, whereby petition bearing TA No.62/7196/2020 filed by the petitioners challenging the selection list pertaining to selection of private respondents as against the posts of Radiographic Technician, Clinical Staff for Casualty Bed, Technical Assistant/Technician (Anaesthesia) and Theatre Assistant/Technician in Government Medical College, Anantnag and Government Medical College, Baramulla, has been dismissed.

2. The facts giving rise to the filing of this writ petition are that respondent Service Selection Board issued two advertisement notices bearing No. 01/2019/001 to 01/2019/041 dated 01.02.2019, whereby online applications were invited from eligible candidates for participation in the selection process for different posts for Government Medical College, Anantnag and Government Medical College, Baramulla. Petitioners No.1 to 7 applied for the post of Radiographic Technician available in the Department of Radiodiagnosis. Petitioners No.8 and 9 offered their candidature for the post of Clinical Staff for Casualty Bed available in the Department of Central Sterilization Services/ Department of Central Casualty Services. Petitioner No.10 applied for the post of Technician/Technical Assistant, Department of Anesthesiology while as petitioners No.11 to 13 applied for the post of Theatre Assistant/Technician available in the Department of OTO Rhino-Laryngology (ENT) General Surgery. Petitioners No.1 to 11 applied for the aforesaid posts in both the Medical Colleges whereas petitioners No.12 and 13 applied only for the posts available in Government Medical College, Anantnag.

3. A Computer Based Written Test was conducted by the respondent Service Selection Board in the month of May, 2019, result whereof was uploaded by the respondent Board in terms of notification No.SSB/Secy/Sel/2019/5160-66 dated 05.10.2019 and provisional shortlist of the candidates for document and biometric verification was issued. According to the petitioners, they figured in the aforesaid list by securing high merit in the aforesaid test. Petitioners are stated to have appeared before the Document Verification Committee and presented their documents, which according to them were found to be correct.

4. It is the case of petitioners that the prescribed qualification as per the advertisement notices was diploma in the relevant field, but they possess a higher qualification i.e., degree in the relevant field. The respondent Board took up the matter relating to clarification with regard to eligibility of candidates having higher qualification in the relevant field with the Health and Medical Education Department in terms of its communication No. SSB/Sel/Secy/2019/6086 dated 17.12.2019. The Health and Medical Education Department in turn took up the matter with respondent No. 4 i.e., Jammu and Kashmir Para-Medical Council in terms of its communication dated 01.01.2020 and in response to the said communication, the respondent No. 4 issued clarification vide communication dated 06.01.2020, holding that the degree in the relevant discipline can be considered for the post for which prescribed qualification is diploma because a degree is a higher qualification in the relevant discipline. The clarification of respondent No. 4 was communicated by Health and Medical Education Department to the respondent Board vide its communication dated 10.01.2021. However, the respondent Board without taking into consideration this clarification issued impugned selection list dated 25.02.2020 ignoring the candidature of petitioners by holding them ineligible.

5. The aforesaid selection list came to be challenged by petitioners by way of writ petition bearing WP (C) 604/2020. The said writ petition came to be transferred to Central A