S. No. 65

HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

Case No. :- SWP No. 855/2018

IA No. 01/2018

Date of pronouncement:- 16.12.2025

Uploaded on:- 22 .12.2025

Sushma Devi …..Petitioner(s)

Through: Mr. Rahil Raja, Advocate

Q Vs

State of J&K & Ors. .…. Respondent(s)

Through: Mr. Raman Sharma, AAG with

Ms. Saliqa Sheikh, Advocate

Mr. K Nirmal Kotwal, Advocate

Coram: HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE

JUDGMENT(ORAL)

1. In the instant petition filed under Article 226 of the Constitution of India,

the petitioner has prayed for the following reliefs:-

I. Writ, order or direction in the nature of Certiorari, quashing

the select list bearing No. Selection/NHM/CMO/D/204-07 dated 28.04.2018issued by the respondent No. 3 whereby respondent

No. 5 was selected in place of the petitioner;

II. Writ order or direction in the nature of Certiorari quashing the

order No. 1228 dated 28.04.2018 issued by the respondent No. 3 whereby the objections raised by the respondent No. 5 against the petitioner have been upheld without putting the same to the

petitioner;

III. Writ, order or direction in the nature of Mandamus

commanding the respondents to select and appoint the petitioner against the post of FMPHW in Block Ghat Sub

Centre Seel Tehsil and District Doda;

IV. Any other writ, order or direction which this Hon’bleCourt may

deem fit and proper in the facts and circumstances of the case, may also be granted in favour of the petitioners and against the

respondents along with cost of the petition.

2. The background facts as are stated in the petition, on the basis of which,

the aforesaid reliefs have been sought are that the petitioner passed her matriculation examination in the year 2005, as also a Diploma in Female Multipurpose Health Worker Course from an Institute recognised by J&K

State Para Medical Council, and that an advertisement notice bearing No. 01 of 2014-15 dated 13.03.2015 came to be issued by respondent 4, wherein inviting applications from eligible candidates for filing of various categories of Para-Medical Posts under National Health Mission in District Doda to be appointed in various existing and newly created Sub-Centres including Sub-Centre Block Ghat and Seel, and that the petitioner being possessed of the eligibility prescribed in the advertisement notice dated 13.03.2015 also applied for selection and appointment for the post in question in Sub-Centre Seel of Block Ghat and that on the date of issuance of the advertisement notice as well as up to the cut-off date fixed therein for filing up of application form, the petitioner continued to be the resident of the village, however, the respondents did not undertake any process of selection immediately thereunder the said advertisement notice till a Corrigendum came to be issued by respondent 4 herein bearing No. NHM/D/62 dated 03.05.2017 published in a newspaper on 05.05.2017, whereunder condition No. 2 in the advertisement notice came to be re-cast by providing that “the candidate residing the village catered by respective health institution shall be preferred subject to the availability and merit meaning thereby that if a particular health institution is catering one village then the candidates of that very village are to be preferred, but in case a particular health institution is catering two or three villages then the candidates of all those villages to whom the said health institution is catering, are to be preferred for making selection in the said health institution”, when infact the original Condition No. 2 in the Advertisement Notice provided that “the preference will be given to the candidates of the medical Block, subject to their availability and merit and in case of non-

availability of a candidate within the Block, the candidate from the Tehsil will be given preference and if a candidate is not available within the Tehsil, preference shall be given to the candidate of the District”, and that only after issuance of the Corrigendum dated 03.05.2017, the candidates who had applied in