1 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM No. 3801/2025 in LPA No. 126/2025 CM No. 3802/2025 Shafeeq Ahmad Itoo ……...Appellant(s) Through: Mr. Sheikh Mushtaq Ahmad, Advocate with Mr. Syed Uzair, Advocate Versus State of J&K and Ors. …..Respondent(s) Through: CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR JUSTICE RAJNESH OSWAL, JUDGE O R D E R 01.07.2025 CM No. 3801/2025 01. For the reasons stated in the application, coupled with the submissions made at Bar, the application is allowed and a delay of 328 days in filing the appeal is condoned. 02. CM disposed of. LPA No. 126/2025 01. The appellant, who at present is 48 years of age, had participated in the selection process, conducted by the respondents for the posts of Operation Theatre Technician (OTT), in terms of notification No. DCA/09 of 2007 dated 19.10.2007, issued by the Chairman, District Rural Health Societies (Deputy Commissioner), Anantnag. Eight (8) posts of OTT were Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document 2 advertised in terms of notification mentioned above, which was superseded by another notification issued by the Chairman, J&K State Health Society on 03.11.2007. Besides other terms and conditions laid down as mentioned in the above notification, it was provided that while making selection, preference shall be given to the candidates below the age of 40 years and the residents of the Block, where the Health Institution is located, in order to ensure the continuous presence of the doctor/paramedic for 24 X 7. 02. The select list for the above mentioned eight posts was issued in the year 2008, two posts of OTT for Qazigund were filled with the engagement of Zahoor Ahmad Dar and Parvaiz Ahmad Bhat, having merit of 54.48 and 55.33 points respectively. The appellant had secured 53.50 points in the selection process and primarily being aggrieved of the selection of respondent Nos. 10 and 11, who had secured 50.67 and 49.62 points, i.e., the points less than the points obtained by the appellant, filed a writ petition in the year 2016 for assailing the selection of private respondents, on the ground that the appellant was having better position in merit vis-à-vis the private respondents more particularly the respondent Nos., 10 and 11, as such, sought quashing of the appointment of the private respondents by the respondent No. 4 and also for issuance of directions to the official respondents to select/appoint the appellant as OTT under National Rural Health Mission (NRHM) Scheme. 03. The official respondents came up with their response, stating therein, that different posts including eight (8) posts of OTT were advertised by District Rural Health Society, Anantnag under NRHM vide notification Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document 3 dated 19th of October, 2007. The said advertisement notification was superseded by another notification No. DIP/J4146 dated 03.11.2007, which provided that the application may be addressed to the concerned Deputy Commissioners (Chairman, District Health Society) of the undivided Districts and in the present case, as District Kulgam was a newly created District, the appellant addressed his application to Deputy Commissioner, Anantnag, in pursuance to notification dated 03.11.2007. It is stated that the select list was issued by the Chairman, District Rural Health Society vide No. DCA/Contract/NRHM/81-87 dated 29.02.2008 and was published in Daily Newspaper “Alsafa” on 04.03.2008. It is also averred that as per stipulation No. 4, preference was required to be given to the candidates below the age of 40 years and who were the residents of Block, where the Health Institution was located, in order to ensure the continuous presence of the doctors/paramedic for 24 X 7. This provision was made in the notification dated 03.11.2007, taking into consideration the presence of doctors/paramedic for 24 X 7 and at the same time, if no candidate was available from the Block, the selection was to be made from nearest/adjacent Block in accordance with the merit of the candidates. The official respondents have given the particulars of private respondent Nos. 6 to 11, however, reference may not be required to be made in respect of respondent Nos. 6 to 9, as the appellant admittedly, has secured less points than the respondent Nos., 6 to 9, but has secured higher marks than the respondent Nos. 10 and 11. So far as the respondent Nos. 10 and 11 are concerned, it is stated that they were residents of Medical Block, Achabal and were engaged in the Medical Block, Shangus (CHC, Shangus) adjacent to Medical Block, Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document 4 Achabal, as no candidate was available for engagement in the Medical Block, Shangus. The appellant, a resident of Medical Block, Qazigund, could not be engaged in his own Medical Block, as Zahoor Ahmad Dar and Parvaiz Ahmad Bhat were engaged because of their higher merit of 54.48 and 55.33 points respectively. The Medical Block, Qazigund has only two adjacent Blocks where the vacancies were available, which were Medical Block-Verinag and Medical Block-Kulgam, For Medical Block, Kulgam, the private respondent Nos. 7 and 8 being the residents of the same Block, were preferred and engaged in their own Medical Block in view of condition No. 4 of the advertisement. For other Medical Block-Verinag, the selectee Nos. 5 and 6 residents of Medical Block, Qazigund, were engaged, being higher in merit than the appellant. 04. Learned writ Court after hearing the parties, vide Judgment dated 02.05.2024, dismissed the writ petition preferred by the appellant. The appellant through the medium of this intra-court appeal has assailed the Judgment dated 02.05.2024, on the grounds inter alia that the appellant admittedly, was having higher points than the private respondent Nos. 10 and 11, who had secured only 50.67 and 49.62 points respectively, but in sheer arbitrary exercise of the powers, the official respondents selected and appointed respondent Nos. 10 and 11 without any justification and that the learned writ Court has not rightly considered the grievance projected by the appellant. It is also urged by the appellant that bifurcation of the District, Anantnag in two Districts, i.e., Anantnag and Kulgam could not have resulted in denial of an opportunity to the appellant for being considered and Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document 5 appointed against the post of OTT for District Anantnag on the ground that he was resident of newly created District Kulgam. 05. Heard learned counsel for the appellant and perused the record. 06. The appellant has restricted his claim only to the selection of private respondent Nos. 10 and 11, who admittedly have secured less points than the appellant. This is the admitted case of the parties that the appellant belonged to Medical Block, Qazigund, where two posts were required to be filled up and the candidates having higher merit than the appellant, were selected for the said two posts. The private respondent Nos. 10 and 11 both residents of Medical Block Achabal were engaged in CHC Shangus, as CHC Shangus was adjacent to Medical Block Achabal. 07. Learned writ Court rejected the claim of the appellant after taking into consideration the object of NRHM, Scheme to make available the doctors and paramedic in rural areas for 24 X 7 whereas the appellant is a resident of far-flung Block of District Kulgam. The appellant has not been able to dispute the finding returned by the learned writ Court that appellant was a resident of far-flung village of District Kulgam and could not have been engaged for CHC, Shangus, in light of the object sought to be achieved through NRHM. It can only be the proximity of the residence of the candidate to the location of the Health Institution, which would ensure the achievement of object of NRHM, to provide medical service to the residents for 24 X 7. A candidate, who is residing at a far-flung distance from the Health Institution, cannot serve the purpose and object of NRHM vis-a-vis the candidate who is residing near the Health Institution. Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document 6 08. Having gone through the Judgment passed by the learned writ Court, we find that the learned writ Court has rightly considered the case projected by the appellant and has not committed any illegality/impropriety while dismissing the writ petition preferred by the appellant. 09. Viewed thus, we do not find any merit in this intra court appeal and the same is, accordingly, dismissed along with all connected CM(s). (RAJNESH OSWAL) (ARUN PALLI) JUDGE CHIEF JUSTICE Srinagar 01.07.2025 “Mohammad Yasin Dar” Whether the Judgment is reportable: Yes/No. Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document