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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
SANJEEV KUMAR, PUNEET GUPTA, JJ
Tarun Gupta S/o Sh. Parshotam Gupta – Appellant
Versus
Ut Of J & K Through Financial Commissioner – Respondent
JUDGMENT :
(Sanjeev Kumar, J)
1. The order and judgment dated 27.01.2021 passed by the Central Administrative Tribunal, Jammu [“the Tribunal”] passed in OA No. 479/2020 titled Dr. Tarun Gupta, Vs. UT of J & K & Ors. is subject matter of challeng e by the petitioner in this petition filed under Article 226 of the Constitution of India.
2. The impugned judgment of the Tribunal is assailed by the petitioner on multiple grounds. However, before we advert to the grounds of challenge urged by Mr. Sunil Sethi, learned Senior counsel appearing for the petitioner, we deem it appropriate to set out few facts relevant to the disposal of this petition.
2.1. The Jammu & Kashmir Public Service Commission (PSC) issued advertisement notification No. 11-PSC (DR-P) of 2017 dated 15.11.2017 notifying inter alia 50 posts of Medical Officer (Ayurvedic) which included 02 posts under ALC category. The prescribed/essential qualification notified was Bachelors Degree in Ayurvedic recognized by Central Council of Indian Medicine (CCIM).
2.2. The petitioner being a candidate belonging to ALC category and possessing qualification of Bachelors Degree in Ayurvedic duly recognized by CCIM submitted his application fo
Qualifications for public service positions must be recognized by the relevant statutory authority and relevant to the job, as upheld by the court.
A Bachelor in Physiotherapy is not equivalent to a Bachelor in Medicine as required under the Service Rules, as determined by the Medical Council of India.
The court can intervene if there are contradictions or non-application of mind in the committee's conclusions regarding the equivalence of qualifications.
Regulatory bodies' qualifications are essential for appointment eligibility; service rules under Article 309 are legitimate if not violating fundamental rights.
R & P Rules for post clearly provide for recognition of qualification and not higher qualification.
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