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Judgment
The short grievance projected by the petitioner is that pursuant to three different advertisements all issued on 01.02.2019, applications were invited
from eligible candidates in the Government Medical College, Rajouri, Government Medical College, Doda and Government Medical College, Kathua
respectively for filling up inter alia the posts of Physiotherapist and Multi Rehabilitation Worker(MRW)/Technician Therapist. Several candidates
including the petitioner responded to these notifications. It is contended that some candidates submitted their application for all the three notifications.
The selection process has since being completed with respect to all three advertisement notifications and select list as also the wait list have been
published.
It is the grievance of the petitioner that some of the candidates have been selected for the same post in more than one college and in case the
counseling is not done and they are appointed in more than one Medical College, not only it will create administrative chaos but it would also deprive
the genuine candidates in the wait list of their chances of appointment. He therefore, submits that in this situation it is appropriate for the respondents
to go for counseling and take the options from the candidates who have been selected at more than one place.
Mr. H.A. Siddiqui, learned Sr. AAG is not opposed to the aforesaid suggestion of the learned counsel for the petitioner.
Having heard learned counsel for the parties and perused the record, I am of the view that in the given facts and circumstances, there is hardly any
need to admit this petition and permit the respondents to file their objections. Neither the selection process nor the ultimate selection made by the
respondents is under challenge in this petition.
The short grievance of the petitioner is that in case the respondents do not resort to counseling/options and appoint one candidate against the same
post in more than one Medical College, it would not only create administrative chaos but would also deprive candidates in the wait list like the
petitioner of their chances of appointment.
Submissions of learned counsel for the petitioner have substance. It is not in dispute that some of the candidates have been selected for the same
post in more than one Medical College and therefore, offering them appointment against the post in more than one Medical College would be an idle
formality as in such situation he/she will have to resign at least from one post and that would not benefit either the candidates selected nor the
respondent-department.
In the aforesaid facts and circumstances, this petition is disposed of by providing that the respondents shall conduct the counseling of all selected
candidates including those who figure in the wait list with a view to ascertain the choice of those candidates who have been selected for a post in
more than one Medical College and accordingly, issue the appointment orders as per their choice. They shall also fill up the posts that remain vacant
after such counseling by issuing appointment orders in favour of the candidates who are next in the order of merit including those who figure in the
wait list.
It would be appropriate if the counseling aforesaid is taken up for the post of Physiotherapist first before going for the counseling of
MRW/Technician Therapist, as the post of Physiotherapist is higher in grade than MRW/Technician Therapist.
Let the exercise of counseling aforesaid be concluded by the respondents within period of four weeks from the date copy of this order be served
upon the respondents.
This writ petition, is accordingly, disposed of.