The court ruled that ambiguity in eligibility criteria for Deputy Medical Superintendent posts necessitates clear authority and standards for selection, emphasizing fairness in recruitment processes.

JUDGMENT :

Javed Iqbal Wani, J.

1. The issues involved in the instant appeals are akin and analogous to each other and as such are decided hereunder in the following manner and order:-

2. Dr. Nazir Ahmad Khan, appellant herein has preferred this Letters Patent Appeal (LPA) against Judgment dated 24.10.2019, passed in case titled as Dr. Jameel Ahmad Mir Vs. State of J&K and Ors., being SWP No. 585/2007, which petition has been disposed of by the learned Single Judge as follows:-

“(i) The selection of respondent Nos. 5 to 7 shall remain intact and is not interfered with.

(ii) The petitioners shall also be entitled to be appointed as Deputy Medical Superintendents in the Health and Medical Education Department, with effect from the date respondent Nos., 5 to 7 have been appointed retrospectively with all consequential benefits minus the monetary benefits. However, the petitioners shall be entitled to the monitory benefits from the date of their actual appointment.

(iii) The respondent No. 1 is directed to take note of the observations made herein above and to take immediate remedial measures to set right the Rule prescribing qualification for the post of Deputy Medical Superintendents so that un-necessary litigation on the subject is avoided and the posts of Deputy Medical Superintendents are filled up in time.

(iv) It shall be appropriate for the respondent No. 1 to do away with the practice of making temporary/adhoc or contractual appointments against the posts of Deputy Medical Superintendents and instead fill up the same by way of deputation of Chief Medical Officers/Medical Superintendents or equivalent from the Department of Health as provided in the existing Recruitment Rules.”

3. The controversy in the instant matter revolves around the eligibility qualification for the post of Deputy Medical Superintendent regulated and governed by J&K Medical Education (Gazetted) Services Recruitment Rules, 1979 (for short Rules of 1979), wherein following has been prescribed as requisite qualification :

Method of Recruitment

4. The respondent 3 herein, being Health and Medical Education Department (for short H&ME) vide letter No. ME/GM-193/961 dated 21.06.2005 read with letter No. ME/Legal/43/2005 dated 07.09.2005 and 26.09.2005, referred as many as eight posts of Deputy Medical Superintendents to respondent 4 herein, being J&K Public Service Commission (for short PSC) for making recruitments with the following breakup: -

5. The PSC consequently issued an advertisement notice bearing No. 16- PSC of 2005 dated 13.10.2005, and invited applications for the said posts, in response to which, the PSC received 51 applications, out of which only five candidates were found to be in possession of the prescribed eligibility criteria, provided by the Rules of 1979 and the said candidates were called for interview, which was scheduled to be held on 22.04.2006. Besides the said five candidates, the PSC also called respondents 1 and 2 herein and candidates namely Mohan Singh Soodan, Jatinder Singh and Mohammad Ashraf on the strength of the Court orders passed in various petitions, filed by the respondents 1 and 2 herein and the aforesaid candidates.

6. The PS