ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP/WP(C) Nos. 889/2020 & 959/2020 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and was registered as T.A. No. 61/884/2020 & 975/2020 respectively by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court with following prayer:

TA 884/2020

a) “It is, therefore, respectfully, prayed that keeping in view the submissions made hereinabove and those to be urged at the time of hearing, the Hon'ble Court may very kindly be pleased to:-

CERTIORARI:

b) Quashing select list for the post of Clinical Staff for Casualty Bed in Health and Medical Education Department GMC Rajouri advertised vide No. Advt/Item No. 03/2019/030 under ST category qua the private respondent issued by the respondent no. 5 whereby the private respondent was shown as selected candidate under ST category in Govt. Medical College, Rajouri, being arbitrary, unjust and illegal.

MANDAMUS :-

c) Commanding the respondent no. 4 and 5 to recommend the name of the petitioner to the respondent no. 1 to 3 for issuance of appointment order in favour of the petitioner for the post of Clinical Staff for Casualty Bed in Health and Medical Education Department GMC Rajouri.

d) Commanding and directing the respondent no. 1 to 3 to issue the appointment order in favour of the petitioner for the post of the Clinical Staff for Casualty Bed in Health and Medical Education Department GMC Rajouri being eligible as the private respondent is not having the requisite qualification/medical Lab Technician Diploma from State Medical Faculty or any advertised vide other recognized institute advertisement notice no. 03/2019/030 under ST category in Govt. Medical College, Rajouri.

e) Any other writ, order or direction, appropriate in the circumstances, may also be passed in favour of the petitioners.”

TA 975/2020

a) It is, therefore, respectfully, prayed that keeping in view the submissions made hereinabove and those to be urged at the time of hearing, the Hon ble Court may very kindly be pleased to:-

CERTIORARI:

b) Quashing order no. 255GMCR of 2020 dated 06.04.2020 issued by respondent no. 2 for the post of Clinical Staff for Casualty Bed in Health and Medical Education Department GMC Rajouri advertised vide No. Advt/Item No. 03/2019/030 dated 01.02.2019 under ST category qua the private respondent who figured at serial no. 6 being arbitrary, unjust and illegal as the private respondent is not having the requisite qualification/medical Lab Technician Diploma from State Medical Faculty or any other recognized institute from para-medical counsel of India or any other State.

MANDAMUS

c) Commanding the respondent no. 2 not to join the private respondent for the post of Clinical Staff for Casualty Bed in Health and Medical Education Department GMC Rajouri till the final outcome of the writ petition as the private respondent is not having the requisite qualification/medical Lab Technician Diploma from State Medical Faculty or any other recognized institute from para-medical counsel of India or any other State.

d) Any other writ, order or direction, appropriate in the circumstances, may also be passed in favour of the petitioner.”

3. The facts of the case as averred by the petitioner in his pleadings are as follows:

a) The applicant is a citizen of India and a permanent resident of the Union Territory of Jammu and Kashmir. He belongs to the Scheduled Tribe (ST) category and claims eligibility for appointment to the post of Clinical Staff for Casualty Bed in the Health and Medical Education Department, Government Medical College (GMC), Rajouri.

b) The Service Selection Recruitment Board issued Advertisement Notice No. 03/2019/001 to 03/2019/041 dated 01.02.2019, inviting applications for various posts, including the post of Clinical Staff for Casualty Bed under Item No. 03/2019/030, earmarked for the ST category at GMC Rajouri.

c) As per the advertisement, the prescribed qualification for the post was 10