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| HC quashes selection of Laboratory Assistant | | | early times report
Jammu, Aug 25 (JNF): The High Court today quashed the selection of a laboratory assistant appointed in Primary Health Center Hari Marhote of Tehsil Surankote. The judgement was announced by Justice JP Singh in a petition filed by Syed Massrat Hussain Shah challenging the selection of Asif Qayoom Laboratory Assistant. The petitioner stated that the authorities had ignored his superior merit.
The court after hearing Advocate MA Bhat for the petitioner and Neeru Goswami Deputy AG for the state observed that according to the Guidelines, selection for posts excluding ANM /FMPHM, 'Block' is considered as 'Local Area' for purposes of selection, when the candidates were not available in the village where the Primary Health Centre was located. The petitioner and respondent No.5 belong to one Block.
The petitioner's merit being more than that of respondent No.5, which position is not contested by the respondents, the petitioner had better claim to selection and consequent engagement as Laboratory Assistant, provided there was no other candidate superior to him in merit. The State-respondents have, therefore, erred in selecting respondent No.5 on the ground that belonging to the village nearer to the village where the Primary Health Centre was located, respondent No.5 was entitled to selection. In selecting respondent No.5 they have violated the Guidelines governing the engagement of Staff under National Rural Health Mission.
The selection of Asif Qayoom as Laboratory Assistant is, therefore, illegal being against the criteria and norms fixed by the National Rural Health Mission for selection against the post created under National Rural Health Mission which needs to be quashed. This Petition, therefore, succeeds and is, accordingly, allowed quashing the selection of Asif Qayoom as Laboratory Assistant in Primary Health Centre Hari Marhote of Tehsil Surankote and also issued direction to the State-respondents to revoke forthwith Asif Qayoom engagement and consider selection and engagement of petitioner there against, in case there was no other candidate higher in merit to him in the Block where the Primary Health Centre was located. |
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