Jammu & Kashmir High Court - Srinagar Bench
Zahoor Ahmad Lone And Anr vs Bhupinder Kumar (Nrhm) on 7 May, 2025
Author: Sanjay Dhar
Bench: Sanjay Dhar
Serial No. 35.
Regular Cause List.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CCP(S) 513/2021 in[SWP 1072/2016].
ZAHOOR AHMAD LONE AND ANR.
...Petitioner(s)
Through: Mr. Shafqat Nazir, Advocate.
VERSUS
BHUPINDER KUMAR (NRHM)
Through: Mr. Hakim Aman Ali, Dy. AG vice
Mr. Waseem Gul, GA.
...Respondent(s)
CORAM:
HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE.
ORDER
07.05.2025
01. Through the medium of the present contempt petition,
petitioners are seeking implementation of Order dated 14 thof September, 2018
passed by the Writ Court in SWP No. 1072/2016. The operative part of the
direction passed by the Writ Court is reproduced as under:
"In the above background, the writ petition is allowed and
the impugned advertisement notice dated 28.05.2014 qua three
posts of Homeopathy Pharmacists is quashed and by a writ of
mandamus respondents are directed to conclude the selection
process initiated in the rms of advertisement notice dated
25.10.2007 with reference to filing up of three posts of Homeopathy
Pharmacists and while so doing the candidature of the petitioners
shall be given the due consideration."
02. The respondents/ contemnors have filed the Compliance Report.
Along with the Compliance Report, they have placed on record a copy of the
consideration order dated 23rdof December, 2021.
03. It has been stated in the consideration order that due consideration
was accorded to the claim of the petitioners, however, the same was found to be
bereft of any merit because the petitioners were not holding the requisite
qualification viz diploma/ certificate course from any recognized institution on
the relevant date so as to fit in the criteria laid down in the advertisement
notification. It has been further mentioned that the petitioners cannot be engaged
merely on the basis of the experience without having any certificate course/
diploma in the relevant field from the recognized institute.
04. The purport of the directions of the Writ Court was that the
petitioners were to be considered for selection in terms of the criteria mentioned
in the Advertisement Notice dated 25thof October, 2007 to which the petitioners
had responded. Any criteria relating to the selection notified after the aforesaid
Advertisement Notice was not to be applied to the cases of the petitioners. As
per the Advertisement Notice dated 25thof October, 2007, the following criteria
was laid down:
a. The candidate should have passed matriculation examinationin 2nd Division
or Sr. Secondary Part II examination fromrecognized University or Institution.
b. Should have passed Diploma of Homeopathic or Dispenser Pharmacist
course in Homeopathy from a recognized University.
OR
c. Five years' experience as Homeopathy Dispenser or Compounder in
Homeopathy Dispensary or Hospital.
d. Five years' experience as Homeopathic Dispenser or Compounder under a
registered qualified Homeopathic practitioner of J&K"
05. It is pertinent to mention that the aforesaid aspect of the matter was
clarified by the Registrar/ Secretary, J&K Board of Homeopathic System of
Medicine, J&K, vide his communication dated 30thof January 2008 addressed to
the Chief Medical Officer Baramulla. The same is clearly mentioned in the
report of the Committee constituted for the purpose by the respondents, which
comprised Assistant Director, Planning, Baramulla, District Information Officer
Baramulla, Chief Medical Officer, Baramulla and Additional Deputy
Commissioner, Baramulla. The said Committee in its report, while considering
the issue relating to the implementation of the judgment of the Writ Court, had
recommended that petitioners are required to be considered for selection because
at the time when the advertisement notice was issued, there was no institution
available in the discipline nor was there any specified qualification in vogue
anywhere in the country.
06. After going through the report of the Committee as also the criteria
prescribed in the Advertisement Notification dated 25th of October 2007, it
appears that the requirement of holding a diploma in Homeopathic or Dispenser
Pharmacist course in Homeopathy from a recognised institute was one of the
requirements for the selection, but as an alternative, it was provided that a
candidates having (5) years' experience as Homeopathic Dispenser or
Compounder in Homeopathic Dispensary or Hospital or a candidate having 5
years' experience as Homeopathic Dispenser or Compounder under aregistered
qualified Homeopathic Practitioner of J&K were also eligible for the selection.
In the face of this position, it was not open to the respondents to insist upon
holding of a diploma or certificate course while considering the claim of the
petitioners. This can clearly be inferred from the judgment of the Writ Court,
according to which, the candidature of the petitioners was to be considered in
light of the criteria which was in vogue at the time of issuance of the
Advertisement Notice dated 25th of October, 2007. The respondents/ contemnors
by rejecting the claim of the petitioners have prima facie violated the letter and
spirit of the Order dated 14th of September, 2018 passed by the Writ Court.
07. In this view of the matter, the compliance report filed by the
respondents/ contemnors cannot be accepted. Accordingly, the respondents/
contemnors are directed to file a fresh consideration order in tune with the letter
and spirit of the judgment of the Writ Court. The needful shall be done by the
next date of hearing, failing which coercive measures shall follow.
08. Be listed on 7thof July, 2025.
09. A copy of this order be sent to the respondents/ contemnors for
information and compliance.
(Sanjay Dhar)
Judge
SRINAGAR
07.05.2025
Showkat Khan
