Qualifications from de-recognized institutes valid if obtained by candidates admitted during recognition period; subsequent de-recognition cannot invalidate selection, per equity and government policy allowing verification.

ORDER

(Delivered by Hon’ble Mr. Rajinder Singh Dogra)

The present Original Application has been filed by the applicant under Section-19 of the Administrative Tribunals Act, 1985 making therein the following prayer: -

“i. Quash the order No. 306 SSB of 2020 dated 27.11.2020 issued by the respondent No. 2 by virtue of which the selection of the applicant as ECG Technician in GMC Kathua was cancelled ab initio.

ii. Directing the respondent No. 1 and 2 to appoint the applicant as ECG Technician for GMC Kathua, Divisional Cadre Jammu against the open merit category as the applicant was the only candidate, who stood selected against the only post of ECG Technician in pursuant to Advertisement Notice No. 05 of 2019 dated 01.02.2019 in the light of the clarification issued by the J&K Paramedical Council Jammu and Health and Medical Education Department, Jammu.”

2. The brief facts of the case leading to filing of this O.A. are: -

That the advertisement came to be issued by the J&K Service Selection Board vide No. 05 of 2019 dated 01.02.2019 for various posts in GMC Kathua, Divisional Cadre Jammu and the total number of posts advertised were 247. It is further submitted that through the medium of the aforesaid advertisement online applications were invited from eligible candidates for participating in the selection process for Divisional Cadre posts mentioned in Annexure-A to the notification. In clause-iii of the aforesaid advertisement notice it was specifically mentioned that the candidates will be eligible, who are in possession of the prescribed academic/professional/technical qualification as shown in Annexure-A by or before the last date of submission of the application forms i.e. 27.02.2019. It is worthwhile to mention as per Annexure-A to the aforesaid advertisement notice the qualification for the post of ECG Technician was 10+2 with science or above qualification with Diploma in X-Ray Assistant/Technician from any recognized Institute with three months specialized training in ECG from any recognized Institute/SMF. The applicant submitted his application form and applied against the post of ECG Technician strictly in conformity with the terms and conditions of advertisement notice before the cut of date and possessed the requisite qualification in terms of the advertisement dated 01.02.2019.

3. The applicant stood selected in open merit category by securing 23.25 marks for the post of ECG Technician for GMC Kathua and the applicant was the only candidate, who stood selected in open merit category against the only post of ECG Technician which is evident from the bare perusal of the select list issued by the respondent No. 2. Copy of the selection list is annexed herewith as Annexure-A3.

4. Since the applicant was the only candidate, who stood selected for the post of ECG Technician it was incumbent on part of the respondent No. 1 to have appointed the applicant, but the respondents without any justifiable cause withheld the appointment of the applicant as the recommendation of SSRB was subject to verification/recognition status of Diploma/institute by the indenting department.

5. The applicant produced all the requisite documents before the respondent No. 1 and 2, but the respondents without any justifiable cause withheld the appointment of the applicant. The applicant places on record all the requisite documents i.e. certificate issued by the Institute of Public Health and Hygiene for c