Rajnesh Oswal JUDGMENT
Ali Mohd. Magrey, J.
1. These two Letters Patent Appeals arise from the judgment and order dated 19.09.2017 passed in writ petition no. 1951/2016 titled Basat Aslam Wani & ors. v. State of J&K & ors., whereby the learned Writ Court, while holding that the candidates, petitioners before the Writ Court, possessing higher Degree of B. Pharmacy, could not be treated as ineligible for the post of Junior Pharmacist advertised by the Services Selection Board (the Board) prescribing the minimum qualification of 10+2 and Diploma in Pharmacy, allowed the writ petition, quashed the select list prepared by the Board and directed reframing of the same and to recommend the writ petitioners for appointment against the advertised posts.
2. Appellants in LPASW no. 194/2018, being the Board and its Secretary, were respondents 4 and 5 in the writ petition; whereas appellants in LPASW no. 161/2017, being two of the four selectees, were respondents 7 and 9 in the writ petition.
3. Short facts of the case are noted. The Board by advertisement notice no. 07 of 2013 dated 16.05.2013 notified, inter alia, 07 posts of Junior Pharmacist, which included 04 Open Merit posts, in District Cadre Kulgam available in the Health Department. The notice notified the prescribed qualification for the post as 10+2 with Diploma in Pharmacy from a recognized Institute or State Medical Faculty (SMF) or any Institute recognized by Government. It appears that the writ petitioners, i.e., the contesting respondent in LPASW no. 194/2018 and 3 respondent nos. 6 & 7 in LPASW 161/2017 herein, who had obtained the Degrees of B. Pharmacy, also applied for the post. Their applications were duly entertained and they, alongwith other candidates, were called for written test on 31-08-2014. The writ petitioners and the private respondents in the writ petition were short listed. Thereafter, by a notification they were called for interview on 10.02.2015 with advice to bring photocopies of the certificates with them. Record shows that the writ-petitioners were provisionally allowed to participate in the interview subject to B. Pharmacy being the Degree relevant to the eligibility criteria. Endorsement to this effect was made on their forms. After the interviews were conducted, the Secretary of the Board addressed letter no. SSB/Sel/Secy/2015/16391 dated 18.12.2015 to the Commissioner/Secretary to Government, Health and Medical Education Department, seeking clarification whether the candidates having the qualification of B. Pharmacy could be considered for the post of Junior Pharmacist. The Health and Medical Education Department, in turn, vide communication dated 25.01.2016, referred the matter to the Director, Health services, Kashmir/Jammu. The Director informed the Administrative Department that the Degree of B. Pharmacy was not included in the recruitment rules for appointment as Medical Assistant (now Pharmacist). This clarification was conveyed to the Board vide communication dated 17.03.2016 by Under Secretary to Government, Health and Medical Education Department. In consequence thereof the Board selected the private respondents 6 to 9. It is in the background of these facts that the writ petition was filed by two of the candidates possessing Degree of B. Pharmacy, seeking quashing of the Select List etc.
4. It may be mentioned here that during the course of hearing before the learned Writ Court, respondent No. 6 appears to have produced a copy of the merit list of the candidates prepared by the Board before seeking clarification from the Health and Medical Education Department, obtained by him under Right to Information Act, wherein the writ petitioners 1 and 2 were shown at serial numbers 3 and 4 respectively. However, in the remarks column they were shown to be not ........