Sarnandan Kumar v. State Th.Health Services and Ors

ORDER (08.09.2025)

¶01Petitioner, through the medium of this petition, seeks direction upon the respondents to engage and appoint him as State Tuberculosis Lab Supervisor (STLS) after completing 05 days additional training in terms of the approval of respondent No. 2.

¶02It is submitted that the petitioner had undergone a one-year Lab. Technician training course from Jammu & Kashmir State Medical Serial No.13

Faculties, Jammu and qualified the same during the year 2002; that pursuant to the Advertisement Notice issued in the year 2004, for appointment of eligible candidates on a contractual basis in the Tuberculosis Department, he applied and was selected for engagement as a Lab Technician on contractual basis and he was directed to attend training Course at Jammu w.e.f., 02.05.2005.

¶03It is further submitted that for the post of State Tuberculosis Lab. Supervisor (STLS), three persons were called for interview. The candidates at Serial Nos. 1&2 resigned from the post on the Selection by the SSRB and candidate No. 3 was selected and appointed, however, while counting his marks were wrongly calculated and since the two selected candidates for STLS had resigned, as such, the petitioner was entitled to be considered for appointment as STLS, as per the Communication No. STOJ/TB/06/5, dated 13.04.2006, issued by the State Tuberculosis Officer, Jammu to the Director Health Services, Jammu who in turn recommended the same to Deputy Commissioner, Kathua-competent authority, as Chairman District-Tuberculosis Control Society Kathua.

¶04Learned counsel for the petitioner submits that the petitioner shall be satisfied, in case, his petition is disposed of at this stage, with a direction to the respondent-Deputy Commissioner, Kathua to consider the matter for the engagement of the petitioner, provided the post is not otherwise filled and the petitioner is found duly qualified.

¶05Learned counsel for the respondents did not oppose this plea raised by learned counsel for the petitioner and submits that appropriate orders be passed.

¶06In view of the submissions made by the learned counsel for the petitioner and without commenting on the merits of the case, this petition is disposed of with a direction to the respondent-Deputy Commissioner, Kathua to consider the matter in view of the communication dated 13.04.2004 (supra) as also forwarded by the Director Health Services, Jammu, within a period of eight weeks from the date a certified copy of this order is served upon him.

¶07The petition is 'disposed of' along with connected application(s).

(M A CHOWDHARY)

JUDGE

Jammu

08.09.2025 Renu.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU SWP No. 1780/2006 Sardanandan Kumar S/O Sh. Des Raj R/O Village Khokhyal, Kathua. …..Appellant(s)/Petitioner(s) Through: Mr. Qamar Zaman Qureshi, Advocate. Vs 01. State of Jammu & Kashmir, through Commissioner/Secretary to Govt. Health & Medical Education Department, Civil Secretariat, Srinagar. 02. Director Health Services, Jammu. 03. State Tuberculosis Officer, Kathua. 04. District Tuberculosis Officer, Kathua. 05. District Development Commissioner, Kathua. 06. Member Secretary, District Tuberculosis Control Society, Kathua. .…. Respondent(s) Through: Ms. Jagmeet Kour, AC vice Mr. Raman Sharma, AAG. CORAM: HON'BLE MR. JUSTICE M A CHOWDHARY, JUDGE