Altaf Hussain and Another vs State and Others

J.P. Singh, J.—Petitioners have filed this writ petition seeking quashing of Government Order Nos. 77-HME of 2008 dated 23.01.2008

and 144 of 2008 dated 25.10.2008 whereby respondent Nos. 8 to 14, the in-service class IV employees of the Health and Medical Education

Department, have been deputed for undergoing various Para-medical Training Courses in AMT Srinagar in relaxation of rules.

They have at the same time sought directions against the official respondents to depute them also for undergoing Para-medical Training Course

in the AMT School Srinagar on the same analogy as had been adopted in respect of the private respondents.

The case set up by the petitioners in their writ petition is that although 25% in-service class IV employees working in the Health and Medical

Education Department are entitled to be deputed for undergoing various Para-medical Training Courses in Government AMT Schools, yet the

respondents had ignored the petitioners in the year 2003-04 by adopting a discriminatory attitude.

The petitioners have questioned Government orders issued in the year 2008 on the ground that despite dismissal of private respondents' writ

petitions seeking consideration for deputation to AMT Schools, the State- respondents have, by misconstruing the Court orders, allowed private

respondents' deputation to AMT Schools and in such view of the matter their deputation was required to be quashed.

They have also referred to the Government orders issued from time to time whereby the in-service candidates had been selected for deputation

to the AMT School in relaxation of the prescribed qualification of 10 + 2 with science, to urge that they are entitled to similar treatment from the

State-respondents.

I have gone through the case set up by the petitioners in their writ petition and considered the submissions of their learned Counsel.

Petitioners, admittedly, do not possess the qualification prescribed for the in-service class IV employees of the Health and Medical Education

Department to seek deputation for undergoing Para- medical Courses in the AMT Schools and do not appear to have sought relaxation of the

qualification prescribed for the in-service employees to undergo Para-medical Training Courses, in that, the representation stated to have been

made by the petitioners to the Principal, Government Medical College, Srinagar on 14.10.2007 does not talk of any such relaxation in the

educational qualification in their favour. All that this representation seeks is their consideration for deputation to Government AMT School Srinagar

pursuant to the issuance of Government Order No. 114 of 2008 dated 25.10.2008.

As the petitioners have not approached the State- respondents for relaxation of the qualification prescribed for the in-service class IV

employees to seek consideration for deputation for undergoing Para-medical Courses in the AMT Schools, so no direction can be issued to them

to consider their case for relaxation.

Having opted not to seek relaxation of the prescribed educational qualification, the petitioners cannot question the private respondents'

deputation to the AMT School Srinagar, in relaxation of the rules.

Petitioners' thus being not similarly situated with the private respondents, their claim for parity with the private respondents is misconceived.

That apart, in view of the petitioners' admission that the deputation of the private respondents was unjustified in view of the dismissal of their

writ petitions by this Court, on the ground that they did not possess the requisite qualification prescribed for undergoing Para- medical Courses in

the AMT School, Srinagar, no direction can be issued against the respondents to repeat the illegality which they are stated by the petitioners, to

have committed in deputing the private respondents.

For all what has been said above, I do not find any ground to entertain petitioners' writ petition, additionally because the petitioners have not

approached this Court with clean hands. Petitioners appear to have made a false statement in paragraph No. 11 of their writ petition that they had

submitted a representation to respondent No. 2 for deputing them to undergo the Para-medical Training Course on the analogy of Government

Order Nos. 77- HME of 2008 dated 23.01.2008 and 144 of 2008 dated 25.10.2008 because the representation, a Photostat copy whereof has

been placed on records forming Annexure-P7 (page 15) to the writ petition, is stated to be of 14.10.07. A bare perusal of the copy of petitioners'

representation indicates that an attempt had been made by the petitioners to fabricate the representation which does not appear to have been made

to the Principal, Government Medical College, Srinagar. This is so because the representation for deputation made after the issuance of

Government Order No. 114 of 2008 dated 25.10.2008 could not have been made a year prior to the issuance of the Government Order.

While dismissing the writ petition in limine, it is directed that a notice shall be issued to the petitioners to show cause as to why proceedings be

not initiated against them for making and swearing a wrong statement on facts in paragraph No. 11 of their writ petition and placing reliance on a

document which is prima facie found to have been fabricated.

Registrar Judicial is directed to keep the records of the writ petition in his personal custody until further orders from the Court. He shall

construct a separate file keeping therein photo-copies of the records of SWP No. 372/2009 along with this order. The constructed file shall be put

up for further orders in the second week of May, 2009 after ensuring petitioners' response to the show cause notices.