Abdul Khaliq and Others vs State and Others

Syed Bashir-ud-din, J.—This Letter Patent Appeal is directed against the dismissal order dated 27.9.2002 of the writ petition SWP No.

565/2002 by Ld. Single Judge.

Appellants co-petitioners to the writ petition are employees of the J&K Police Department working in a Police Hospitals. They were initially

deputed for undergoing para Medical Training Course in AMT School Srinagar. This was for the Session 2001. However, they were not admitted

to the course as they were late. They were again picked up for the next Session, 2002 but this time they could not make to the course as the health

department had changed the eligibility criteria to 10 plus 2 from matric with science subject. The respondents going by the above re-fixed criteria

picked up candidates possessing prescribed qualification and eligibility, who were admitted to the training course. Petitioners not possessing the

prescribed qualification could not make the grade for training course. The Ld. Single Judge taking note of this aspect of the case dismissed the writ

petition.

The Ld. Counsel for the petitioners submits that despite the recommendation of the appellants case by Medical Superintendent Police Hospital,

Srinagar they were not deputed and picked up for undergoing the course, though the names of the appellants did figure in the list of recommended

candidates for the said training course forwarded by respondent No. 3. The crux of counsel's argument is that despite the recommendations

petitioner-appellants have not been deputed and allowed to undergo the training course. But what the Ld. Counsel over looks is the facts that it is

change of norms and criteria for admittance to para medical staff to the training course at AMT, Srinagar that has come between the appellants and

the course. Their cases have been recommended by one and all down the line but in the face of revised and re-laid norms and Criteria of 10 plus 2

qualification for the candidates to undergo the training course, the petitioner-appellants who did not possess the qualification had to be dropped

and in their place new candidates fulfilling the eligibility of qualification were picked up and deputed for the course. It is not for the police

department to lay the criteria or norms for admittance to the course. It is for the Health and Medical Education Department and the Principal AMT

School, Srinagar to lay such criteria and norms. The appellant reliance on communication(s) and correspondence before the criteria and eligibility

qualification was changed in this case is misplaced. The Director General of Police has filed supplementary affidavit to over the above position in

his affidavit under directions of the writ court. No counter is filed with regard to the supplementary affidavit nor any material or document(s) is

placed on record to indicate the position otherwise.

We have no reason to depart from the finding of the writ court that the appellants not fulfilling the eligibility criteria and laid norms of qualification

cannot succeed in the writ. We find no merit in this LPA Dismissed.