SYED WASEEM YAQOOB Vs. STATE

JUDGEMENT

(1.) The Government order No. 121-HME (GR) of 2008 dated 17th Oct. 2008 is called in question in this writ petition. The said Govt. order is reproduced as under : -

(2.) The facts which lead to the passing of the said order are partly given in the writ petition, and in the objections filed by respondents to the maintainability of writ petition.

(3.) The petitioners have claimed in the writ petition that respondent No. 2 sent communication No. DISM/Trings/3036-37 dated 29- 2-2008 informing therein that there will be requirement of 500 Dawasaz in various Health Institution of ISM in the near future. The petitioners who belong to different Districts of State of Jammu and Kashmir claim to have applied for undergoing Dawasaz training course in Indian System of Medicine J & K, in their respective districts as they possessed the eligibility of 10th which according to petitioners is qualification required for undergoing the said Dawasaz Course. The case of the petitioners is based on the plea that they were nominated for undergoing the said training course by Minister of Health and Medical Education Department. The further case of the petitioners is that respondent No. 2 vide his No.HD/51/ ISM/2008 dated 27-6-2008 forwarded the list of persons who were supposed to undergo Dawasaz Training course in ISM. Copy of communication has been placed on record as annexure-A. The record of the writ petition reveals that only communication has been placed on writ record and the enclosure (list of 994 candidates) has not been placed on the writ record. The further case of the petitioners is that respondent No. 2 published selection list of candidates for undergoing Dawasaz training course and the said notification was published in daily Srinagar Times on 9-7-2008 and Daily Excelsior on 10-7-2008. Copies of the notifications have been placed on record as annexures B and C respectively. The petitioners claim to figure in the said list. The further case of the petitioners is that despite publication of the said notification in the newspapers, classes for imparting Dawasaz training course in the Indian System of Medicines were not started. The petitioners claim to have been selected/nominated in terms of annexures A and B, for undergoing Dawasaz training course. The petitioners filed OWP No. 736/2008 on 24-9-08 before this Court praying therein that a direction be issued to respondents to implement the order/list of nominated candidates. It is alleged that in order to render the petition infructuous, respondents on 17th Oct. 2008 issued the order impugned in this writ petition. The petitioners are thus aggrieved of the same and have challenged the order impugned inter alia on the ground that same has been issued in mala fide and illegal exercise of power and without following the due procedure and without complying with principles of natural justice. It is further stated that the ground stated in the impugned order for withdrawal of the communication and cancellation of list, is bad as because the records pertaining to the said nomination have not been considered by the respondents. The further case of the petitioners is that there is no valid criteria provided, and selection has been made from decades on the basis of nomination. The petitioners claims were scrutinized and after finding that they satisfied the requirements they were ordered to be deputed for undergoing Dawasaz training course. The petitioners further claim is that they prepared themselves for undergoing the training course and had thus entertained legitimate expectations and respondents on the Doctrine of Promissory Estoppel were estopped from issuing the impugned order. Reliance in this behalf is placed on a judgment titled Southern Industries Co. Ltd. v. Electricity Inspectors ETIO and Ors. reported in 2007 (5) SCC 447 : AIR 2007 SC 1984. Reference is also made to judgment passed by this Court in case titled Gulzar Ahmed Matkoo and Ors. v. State and Ors. SLJ 2006 (II) 656 : AIR 2007 (NOC) 860.