HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 2161/2024 CM No. 5269/2024 Annu Raina, Age 29 years D/O Sh. Krishan Kumar Raina, R/O Village Manwah Tehsil Bhadarwah, District Doda …..Appellant(s)/Petitioner(s) Through: Mr. K Nirmal Kotwal, Advocate. q vs 01. UT of J&K Through Secretary to Govt. Health & Medical Education Department (Chairman Executive Committee) 02.Mission Director, National Health Mission, J&K Regional Institute of Health & Family Welfare Nagrota, Jammu 03. Director P&S SHS NHM J&K Jammu 04. Divisional Nodal Officer, SHS, NHM, Jammu. …Respondents Through: Mr. Raman Sharma, AAG. CORAM: HON’BLE MR. JUSTICE MA CHOWDHARY, JUDGE ORDER 21.05.2025 01. Petitioner, through the medium of this petition, has assailed communication no. SHS/NHM/J&K/3881-86 dated 05.06.2024, issued by the respondents, whereby the application of the petitioner has not been considered for the position of (CHO)/MLHP on the ground that the maximum number of attempts allowed for the candidates to qualify the examination for the position of MLHP is not more than two, whereas the petitioner has qualified in the third attempt. 02. Learned counsel for the petitioner submits that petitioner’s application having been accepted and the petitioner also having been declared as qualified and selected, has been denied the joining to the position and, as such, prayed for quashment of the impugned communication. He, at this stage, submits that the 27 2 WP(C) No. 2161/2024 petitioner would feel satisfied in case the petition is disposed of, at this stage, with a direction to respondent no. 2- Mission Director, National Health Mission, J&K Regional Institute of Health & Family Welfare, Jammu, to consider the matter of the petitioner afresh in accordance with the guidelines on the subject. 03. Learned counsel for the respondents, in response to the submissions made by learned counsel for the petitioner, is not averse to the plea and submits that the respondents can consider the matter afresh in accordance with the guidelines on the subject. 04. In view of the pleadings and the submissions made by learned counsel for the parties, this petition is disposed of at this stage, with a direction to the respondents no. 2, to pass a fresh speaking order having regard to the guidelines, norms and the fact that the application of the petitioner was initially accepted, and her name was included in the select list. The petition filed by the petitioner shall be treated as a representation, and a fresh speaking order shall be passed by the respondent no. 2 within a period of six weeks from the date a copy of this order is made available, by the petitioner. 05. Disposed of along with connected application(s). (MA Chowdhary) Judge Jammu 21.05.2025 Abinash