NITIKA SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners are seeking to quash the selection of respondents 6 to 41 as Medical Officers as per the Scheme known as Rashtriya Bal Swasthya Karyakram (RBSK) under National Rural Health Mission (NRHM) District Jammu, with a direction to the respondents to consider their cases against the said post. The facts as averred in the writ petition are that respondent No. 4 herein in his capacity as Chairman, District Health Society, Jammu invited applications for various posts including the post of Medical Officer AYUSH. The criteria fixed for the said post was bachelor degree in the concerned subject i.e. BAMS/BUMS/BHMS or equivalent from any Institute recognized by Central Council of India Medical/CCH (as the case may be) and registered with J&K Board of Ayurvedic/Unani or J&K Board of Homeopathy (as the case may be) and the age prescribed for the said post was upto 45 years. AYUSH as mentioned in the Scheme stands for Ayurveda, Yoga, Unani, Siddha and Homeopathy. It is contended that the petitioners along with other candidates applied for the post-in-question and performed well, the official respondents, however, vide the impugned select list published in Daily Excelsior in its issue dated 13.11.2013 selected the private respondents thereby ignoring the claim of petitioners. It is contended that the selected candidates are from one stream only, i.e., Ayurvedic Medicine and none of the candidates has been selected from other four streams, which have been totally excluded and ignored by the official respondents for the purposes of selection. It is contended that the merit of the candidates for the post-in-question was first assessed on the basis of Block level, thereafter on the basis of Tehsil level and then on the basis of District level, whereas it should have been assessed only on the basis of District level because these were District level vacancies.

(2.) The precise argument raised by learned senior counsel for petitioners is that the vacancies-in-question had arisen at District Level basis, whereas the private respondents have been shown as provisional selectees on the basis of merit assessed at Block Level therefore, the petitioners' right has been prejudiced because of effect of converting their merit into demerit and vice versa. He further argued that the official respondents have failed to disclose how the merit of candidates has been evaluated; therefore, the selection has been made in an arbitrary manner and without following any criteria. He further argued that in the selection process the Member expert available was from Ayurvedic stream only and no other Member expert from other disciplines was available to evaluate the merit of candidates belonging to such disciplines.

(3.) Objections have been filed on behalf of respondents. In the objections filed it is contended that 36 posts of Medical Officer AYUSH contractual under RBSK (NRHM) were approved for nine Medical Blocks, i.e., Akhnoor, Chowki-Chora, Planwala, R.S. Pura, Bishnah, Kot Bhalwal, Dansal, Suhanjana and Marh vide communication dated 14.10.2013 addressed by Mission Director NRHM, J&K, wherein it was specifically provided that preference for selection would be given to the candidates from the Medical Block. It is further contended that the petitioners participated in the selection process after having accepted the terms and conditions of the eligibility criteria as stipulated in the advertisement notice therefore, after having failed to make the grade they have no right to challenge the selection process. The contention of the respondents is that the eligibility criteria as mentioned in the advertisement notice and the guidelines of the relevant policy would demonstrate that the focus area for making selection was only at Medical Block level for achieving the object introduced in the Scheme. The respondents, thus, have vehemently denied the assertion of petitioners that the merit for selection was to be assessed at District Level and not at Block Level. Further, it is contended that the select list was published strictly as per the guidelines of the Scheme and the criteria notified in the advertisement notice.