Facts
The petitioner challenged a selection list (No. DCA/NRHM/13/3912-19) dated 09.11.2013 for the post of Medical Officer (Ayush) under the National Rural Health Mission (NRHM) scheme in District Anantnag.
Source reference: p. 1-2Applications were invited on a "Block Level" basis via an advertisement dated 19.10.2013.
Source reference: p. 2The petitioner, a resident of the Achabal Medical Block, participated in the selection but was not appointed. He alleged that the official respondents acted illegally by selecting private respondents on a "Tehsil/District Level" basis rather than "Block Level," and claimed the selected candidates had lower merit than him.
Source reference: p. 2-3The respondents contended that the petitioner secured only 62.81 points, whereas the selected candidates in his block secured 73.20 and 72.56 points.
Source reference: p. 4, 7Issues
1. Whether the official respondents violated the terms of the Advertisement Notice and NRHM guidelines by making selections on Tehsil/District level merit.
Source reference: p. 72. Whether the selection process was vitiated by mala fides, "pick and choose" policy, or procedural discrepancies regarding the merit list and record-keeping.
Source reference: p. 2, 9Law Applied
The court primarily applied the recruitment guidelines stipulated under the J&K National Rural Health Mission (NRHM) and the specific conditions of Advertisement Notice No. CMO/DRHS/NRHM/1329-36.
Source reference: p. 8The core principle adopted was a hierarchical preference system: selection is first made from eligible candidates within the concerned Medical Block; in case of non-availability of suitable candidates at the Block level, preference extends to the Tehsil level, and subsequently to the District level.
Source reference: p. 4, 5, 9Additionally, the court applied the principle that a candidate with inferior merit cannot claim a right to appointment over candidates with superior merit within the same selection criteria.
Source reference: p. 9Reasoning
The court examined the merit list and found that even if the selection were confined strictly to the Achabal Medical Block, the petitioner’s merit (62.81 points) was significantly lower than the four selected candidates (two males at 73.20/72.56 and two females at 71.51/70.48).
Source reference: p. 8Regarding the selection of private respondents from other blocks on Tehsil/District merit, the Court accepted the respondents' explanation that such measures are permissible under NRHM guidelines when local block candidates are unavailable.
Source reference: p. 9The Court noted that none of the male candidates selected across any block in the district had lower merit than the petitioner, rendering his "Tehsil/District level" grievance moot as he would not have qualified under that criteria either.
Source reference: p. 9The Court dismissed the petitioner's suspicion regarding the missing original records, accepting the Chief Medical Officer's affidavit that the records were lost by the then Additional Advocate General, and found no substance in the challenge regarding the dates of the interview versus the final list preparation.
Source reference: p. 7, 10, 10-11Holding
The Court held that the petitioner had no legal grievance as he failed to secure higher merit than the selected candidates in his own block or the district at large.
The petition was dismissed, and any interim directions were vacated. Consequently, the related contempt petition (CCP(S) No. 271/2022) was disposed of as the interim order merged into the final judgment.
Source reference: p. 11Original Court PDF
DR. FAROOQ AHMAD SHEIKHvsSTATE OF JK AND OTHERS (HEALTH)
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