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Judgment
Petitioners have questioned selection made by official respondents against the post of Medical Assistants advertised vide advertisement notice
dated 2941997 on the grounds taken in the writ petition.
Writ petition is pending in this court for the last more than 10 years. Official respondents have resisted the petition on the ground that the
petitioners have failed to make the grade and last candidate who was figuring in the waiting list is shown to have obtained 59.64 marks/points, as
indicated in para 2 of the objections.
Respondents have produced record which also indicates that one Firdous Ahmad Sumji who was figuring in the waiting list had obtained 59.64
points, while as petitioners have obtained 56.80 points.
It appears that one Ranjit Singh had also challenged the selection by the medium of SWP No. 154.1999 on the ground that respondents have
made the selection illegally and dehors of rules, without any right and reason. The said writ petition came to be allowed by a coordinate bench of
this court at Jammu by directing the respondents to examine the issue and consider his case. Respondents have considered his case and issued
appointment order dated 2282003 in his favour. Learned counsel for the petitioner has produced a copy of the judgment as well as appointment
order. Be made part of the file.
While going through the record, it appears that Ranjit Singh had obtained 55.52 points and came to be appointed while as petitioner no. 1,
Abdul Gaffar Kumar has obtained 56.8, petitioner No. 2, Sadiq Hussain Kirmani has obtained 42.96 points and petitioner No. 3 Javeid Ahmad
Dand 47.20 points, Nissar Ahmad Lone petitioner No. 4 54.80 points and Manzoor Ahmad Lone 50.32 marks which are less than the marks
obtained by Ranjit Singh, while as Abdul Gaffar Kumar (petitioner No. 1) is shown to have obtained 56.8 marks, which is more than what Ranjit
Singh had obtained. No doubt both of them were having points/marks below the cut off marks, but respondents have considered the case of Ranjit
Singh and engaged him, so on that analogy, case of Abdul Gaffar Kumar also requires to be given due consideration
It is beaten law of the land that once a person who competes in the selection process, cannot challenge the criteria adopted by the selection
committee, mode and method of selection and when he fails to make a grade, he cannot claim selection/appointment, as a matter of right and no
writ can be issued. Ranjit Singh who has also challenged selection, got appointed pursuant to the directions of this court, as discussed hereinabove.
On the same analogy, it will be just and proper, if the person who is superior in merit as compared to person viz. Ranjit Singh is also considered
for such selection and appointment.
In the given circumstances, I deem it proper to allow this petition so far it relates to petitioner No. 1 and dismiss it so far it relates to other
petitioners 2 to 5. The respondents are accordingly directed to consider the case of the petitioner No. 1 on the same analogy and give the same
treatment to him as has been accorded to Ranjit Singh. The consideration be accorded within a period of three months. Period of three months
shall commence from the date copy of this order is served by the petitioner on the respondents against proper receipt. Records produced by Mr.
Magray be returned back to him.
Disposed of accordingly.