SrinagarThe Jammu and Kashmir High Court has quashed JKSSBs selection list for the posts of seven junior pharmacists in Health Department Kulgam cadre, the applications the posts were sought in May 2013.
Disposing a petition filed by some aggrieved candidates, a single bench of Justice Mohammad Yaqoob Mir directed the J&K State Service Selection Board to reframe the select-list in accordance with merit position of the candidates as per the merit list within a period of four weeks.
The qualification prescribed for the post was 10+2 with diploma in pharmacist from recognized institute or SMF or any institute recognized by the Government.
A question arose as to whether a candidate having qualification B. Pharmacy was eligible for the post.
The JKSSB took up the matter with the Commissioner Secretary to Government Health and Medical Education Department on 17 December 2015, mentioning therein that during the course of scrutiny of documents of the aspiring candidates for the post of Junior Pharmacist, it has been observed that some candidates possess B. Pharmacy and requested for clarification as to whether the candidates possessing it can be considered for the post.
Under-Secretary to Government, Health and Medical Education Department on 25 January last year forwarded the communication to the Director, Health Services, Kashmir who conveyed the degree of B-Pharma was not included in recruitment rules of the department for appointment as Medical Assistant (now called Pharmacist). However, a candidate who possess Matric and diploma in Medical Assistant training course from State Medical Faculty or any other recognized institute has to be considered for the post.
The petitioners having B. Pharmacy have filed the petition, claiming that they possess superior degree, and could not be declared as ineligible. They said that qualification prescribed was minimum and not the maximum.
In case qualification as reflected in the advertisement notice would have been the only qualification prescribed by recruitment rules consistent with the job requirement, then the candidates with higher degree could be excluded but that is not so, they said.
The view taken by the Board runs contrary to the Govt. order No.325-HME of 2013 dated 16.05.2013 as well as clause (11) of the Advertisement Notice. The petitioners, for the stated facts and reasons, being eligible and in order of merit figuring at serial No.3 and 4, should have been selected, the court observed and quashed the selection list and ordered the JKSSB to reframe the list.
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