High CourtsSingle Bench(2023) 01 J&K CK 0005

Ganesh Kumar Sharma And Ors vs UT Of J&K And Ors

Jammu And Kashmir High Court · Decided on 16 January 2023

HON’BLE JUDGES
Rahul Bharti, J
CASE NUMBER
Writ Petition (C) No. 34 Of 2023, Civil Miscellaneous No. 113 Of 2023

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Judgment

9 paragraphs · 234 words

Rahul Bharti, J

Heard learned counsel for the petitioners.

The petitioners bear the educational/professional qualification of two years Diploma of Medical Assistant/Pharmacist and one year Diploma in Anesthesia Technical from the recognized Institutes on the basis of which qualification the petitioners even came to have adhoc engagements as Anesthesia Assistant in the Government Hospitals on the basis of which the petitioners are still working.

The cause of action for the petitioners to come up with the present writ petition is coming into picture of a Government Order no. 122-JK(HME) of 2021 dated 17.02.2021 in terms whereof there has taken place revision of the eligibility criteria for the post of Anesthesia Assistant in terms whereof two years Diploma of Anesthesia Technician course has come to be prescribed. This revision of criteria seems to the petitioners as closure of their right to apply for the same very post on which they are presently working on the basis of their actual professional qualification.

Prima facie case is made out.

Issue notice to respondents.

Mr. Amit Gupta, learned AAG accepts notice on behalf of respondents and he seeks and granted four weeks’ time to file reply/objections to the writ petition as well as to the CMP.

List on 03.03.2023.

In the meantime, with respect to the petitioners only, the eligibility requirement as prescribed in terms of Government Order no. 122-JK(HME) of 2021 dated 17.02.2021 shall remain in abeyance.