FARAH YOUSUF Vs. STATE OF JAMMU AND KASHMIR
LAWS(J&K)-2019-12-15
HIGH COURT OF JAMMU AND KASHMIR (FROM: SRINAGAR)
Decided on December 10,2019

Farah Yousuf Appellant
VERSUS
STATE OF JAMMU AND KASHMIR Respondents




JUDGEMENT

SANJEEV KUMAR, J. - (1.)J&K Public Service Commission - respondent no.2 herein, vide its Notification no.04-PSC (DR-P) of 2018 dated 13th March 2018, invited application for the posts of Medical Officer (Unani) of Indian System of Medicines in Health and medical Education Department as per the category- wise breakup as under:
Open Merit : 22

RBA: 08

SC: 04

ST: 04

ALC: 01

SLC: 00

Total: 39

(2.)Para 03 of the Notification lays down the scheme of selection in the following manner:
"3- Scheme of Selection

All applicants must fulfill the essential requirements of the post and other conditions stipulated in the advertisement. They are advised to satisfy themselves before applying that they possess the qualifications prescribed for the post. No enquiry for advice as to the eligibility will be entertained.

(i) The prescribed qualifications are the minimum and mere possession of the same does not entitle candidates to be called for interview. Further, the summoning of candidates for interview shall convey no assurance, whatsoever, that they will be selected. Appointment order of the selected candidates will be issued by the Govt., in accordance with the availability of vacancies.

(ii) A written test shall be conducted and the marks/points obtained by the participating shall be apportioned proportionately against the marks earmarked for written test in the selection criteria. On the basis of merit obtained by the candidates in the written Examination an oral test will be conducted which may be restricted as under:-

i)For 1-5 post Five times the number of posts

ii)For 6-10 posts Four times the number of posts subject to a minimum of 25.

iii) For exceeding 10 posts Three times subject to a minimum of 50.

Thereafter, merit list will be prepared on the basis of merit obtained in the written and oral test in conformity with the criteria laid down under Rule 51 of J&K Public Service Commission (Business and Procedure) Rules, 1980."

(3.)Rule 51 of J&K Public Service Commissioner (Business and Procedure) Rules, 1980, as it stood at the time of issuance of Notification, inter alia, in clause (vi) thereof provided as under:
"51"..The assessment at a selection which is solely by means of an interview""..

vi) For determination of the suitability of candidates for appointment, the candidates from open category shall be required to obtain a minimum of 55% marks and those belonging to Reserved Categories and Physically Challenged Persons shall have to obtain a minimum of 45% marks out of total weightage points."
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