State of Jammu & Kashmir vs Mohd.Bashir Mughal

T.S. Doabia, J.—Heard learned counsel for the parties. Appeal admitted. With the consent of the parties, Appeal is taken up for final

disposal.

The posts of Laboratory Assistant were advertised. This was done through Advertisement Notice No. 3/1997. The qualifications, which were

prescribed for the posts of Laboratory Assistant, were :

Matric with Diploma in Laboratory Assistant Course from SMF or any other recognized institute.

Respondents/writ petitioners admittedly did not possess the certificate from J&K State Medical Faculty. Their case is that, they possessed some

certificate from an Institute outside the State. This aspect of the matter was taken note of. A learned Single Judge of this Court was of the opinion

that when a particular certificate is issued by any other Institute, then this is valid and this qualification is also required to be taken note of. It is this

view expressed by the learned Single Judge, which is being challenged. It is stated that the words ""any other recognized institute"" would mean ""an

institute which is recognized by the State of Jammu & Kashmir"". The learned counsel for the State was willing to go to the extent that if a certificate

is found recognized by any other State within the Union of India, even that would be taken to be duly recognized. It is accordingly submitted that

the respondents/writ petitioners would have to show that the certificate possessed by them is either recognized by the State of Jammu & Kashmir

or by any other State within the Union of India.

There can be no dispute with this proposition.

Therefore, the State is left free to go into the limited question as to whether the certificates possessed by the respondents/writ petitioners stand

recognized by the State of Jammu and Kashmir or has been recognized by any other competent authority including any other State or Union

Territory in the Union of India. It is only after this satisfaction is recorded, the case of the respondents/writ petitioners would be processed.

Another submission made by the learned counsel for the State may be also noticed. It is urged that no positive direction/mandamus could be

given to appoint a particular person to a particular post. This argument has also merit. The State can only be directed to consider the claim of the

respondent/writ petitioners and no mandamus could be issued to make the appointment. This appeal is accordingly disposed of with the following

directions :

1) State of Jammu and Kashmir would go into the question as to whether the respondents/writ petitioners did possess a certificate;

2) Whether the certificate in question is recognised by any other State or by such authority, which is supposed to recognize such certificate.

3) After taking a decision, the requisite further steps would be taken.

We are confident that this exercise would be undertaken expeditiously and the State would act judiciously and fairly. The decision taken would

be conveyed to the respondents/writ petitioners.

With these observations, the appeal is disposed of. In view of the above, Contempt Petition (COA(S) No. 6C/2001) is rendered infructuous

and it is disposed of as such.

The appeal as also the contempt petition are disposed of in the aforesaid terms.