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| | | Early Times Report
Jammu, Dec 10- Dismissing the petition challenging selection of Laboratory Assistant District Cadre Jammu, Justice Sunil Hali held that as per mandate of law, a person, who has participated in the selection process and has not, questioned the mode of such selection, cannot turn down and question the same. In this regard referred a judgment of the Supreme Court whereby the Supreme Court has clearly laid down that when the petitioner appears in the interview without protest and after having failed to find their names in the select list, they cannot challenge the selection including the criteria.
After hearing Senior Advocate DC Raina with Advocate FA Natnoo appearing for the petitioner and Advocate SK Shukla appearing for the SSRB, Justice Hali observed it is not in dispute that for conducting interview for the post of Laboratory Assistant the knowledge of Pathology is not required, the ability in the subject is not fundamental to the nature of the job as laboratory assistant. It is clearly envisaged in the rules that expert/ specialist may be co-opted in the discipline for which requirement has to be made. Admittedly, the appointment was not made in the discipline of pathology, so it was not incumbent to appoint exert in that field. The chairman SSRB has co-opted Dr. Vinod Gupta to judge the ability of the candidates, regarding the manner in which they are required to handle the instruments of the laboratory. One cannot find any fault in appointment of Dr. Vinod Gupta as a member of the committee. It is reiterated that Dr. Vinod Gupta was only a member and not an expert appointed under the rules. Regarding the second contention raised that higher weight-age has been given to the graduate candidates, which has resulted in exclusion of the petitioners even though they had better merit in the basic technical qualification, the petitioners have participated in the interview process and were aware of fact that 02 points have been reserved for additional qualification of graduation, and 50% marks have been reserved for Technical Qualification and thus they cannot question criteria after having participated in the interview process. JNF
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