LAWS(J&K)-2010-7-48

DR. TARANJEET SINGH Vs. STATE

Decided On July 17, 2010
Dr. Taranjeet Singh Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) An advertisement for filling up the posts of Allopathic Doctors, Junior Staff Nurses, ISM Pharmacists, Laboratory Technicians and Female Multipurpose Workers on contractual basis under NRHM Scheme was issued by the respondents. The petitioners also applied for the post of Allopathic doctor. A Selection Committee constituted by the District Health Society, Jammu conducted interviews of the eligible candidates. A list has been prepared and the petitioners state that they are also included in the said list.

(2.) Vide order No.173-DDCJ of 2009 dated 17.11.2009, District Development Commissioner(Chairman, District Health Society), Jammu has withdrawn the selection list prepared by the Selection Committee on the ground that the said Committee had ignored some basic criteria for selection. The petitioners are aggrieved of the same. They state that since they figure in the selection list, the respondents should appoint them against the said posts. The petitioners' further grievance is that the list has been withdrawn by the respondents on the grounds which are not sustainable in the eye of law. They seek quashment of the Order No. 173-DDCJ of 2009 dated 17.11.2009.

(3.) The respondents have stated that the District Health Society, Jammu advertised the posts of different categories including the posts of Allopathic Doctors for appointment on contractual basis under NRHM. The Selection Committee was constituted and the interviews were conducted and accordingly selection list was prepared. It is further stated by the respondents that before appointment orders were issued, it was found that the selection committee has ignored some basic criteria for selection, as all the posts under NRHM are on contract basis with criteria of local residence, the selection committee has not spelled out preference for candidates who are locals. This aspect was taken into consideration and the District Health Society, Jammu has decided to evolve fresh weight age and criteria for making selection of vacancies under NRHM by inviting fresh applications and accordingly vide order No. 173-DDCJ of 2009 dated 17.11.2009 withdrew the selection list.