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| Selection for ANM envisaged to be made at village level: HC | | | Early Times Report
JAMMU, Sept 14: The Jammu & Kashmir and Ladakh High Court holds that selection is not envisaged to be made on the basis of distance of the Centre from the residence of the candidate but is envisaged to be made at village level and all candidates residing in village irrespective of distance of their residential houses from the Sub-Centre are eligible and placed on par for seeking consideration.
This significant judgment has been passed by Justice Sanjeev Kumar in a petition filed by Tahira Mehmood challenged the selection of private respondent as ANM in NHM.
In the petition, petitioner submitted that Respondent No.4 vide advertisement Notice No.NHM/Kup/HR/ 1500-1503 dated 18.09.2015, invited applications from eligible candidates for contractual hiring of services under National Health Mission J&K, for various posts including 48 posts of ANMs. Apart from indicating the requisite qualification and selection criteria for the post, the cadre of post was also specified as "village level". The advertisement notification further provided that a candidate applying for the post must be a resident of Jammu and Kashmir and exclusively hailing from District Kupwara. The petitioner and respondent No 5 being eligible also participated in the selection process for the post. The petitioner was shortlisted for interview and her name figured in the shortlist under Roll No 2277. The name of respondent No 5, however, did not figure in the list of candidates shortlisted for viva voce. It is the allegation of petitioner that respondent No 5 was not shortlisted because of her merit inferior to the cut-off point. At the conclusion of the interview, a provisional select list of the candidates was issued in which the name of the petitioner figured amongst the selected candidates but the respondent No 5 was not figuring in the list. However, when the final select list was issued on 9th of May, 2018, instead of petitioner, respondent No 5 was shown selected at Serial No 9.
Justice Sanjeev Kumar after hearing both the sides observed that the engagements of the nature we are dealing with are contractual in nature and any contract in restraint of marriage is void and cannot be acted upon or enforced. Having held thus, Court would like to emphasize that such candidate who gets engagement on the ground of being a resident of the village concerned, if subsequently gets married to a person outside the village, must give an undertaking to his/her employer that he/she would be available 24x7 for performance of duties and that his/her marriage outside the village would not come in his/her way in due discharge of duties.
Justice Sanjeev Kumar further observed that the contention of counsel for the respondent No.5 that her house is nearer to the Sub-Centre as compared to the house of the petitioner is also devoid of merit. The selection is not envisaged to be made on the basis of distance of the Centre from the residence of the candidate but is envisaged to be made at village level. Let the respondent No 4 pass appropriate orders in this regard within a period of four weeks from the date a copy of this order is furnished to him. —JNF |
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