Mehrun Nisa v. Ut of J and K Th Commissioner Secretary Health and Medical Education Department and Others

ORDER (02.09.2026)

¶01In response to an Advertisement Notice No. NRHM/1590 dated 08.10.2012 read with Notice No. 02 of 2013 dated

12.02.2013, issued by the Chairman District Health Society, Doda, the petitioner had come to apply for engagement as an 'X-Ray Technician' at CHC Thathri, in block Thathri, District Doda on contract basis for a plan period i.e., 31st March, 2013 on a consolidated pay under the National Rural Health Mission (NRHM).

¶02The petitioner came to be engaged, as such, by virtue of an order No. NRHM/2012-13/1967-71 dated 15.03.2013, Serial No. 173

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passed by the Chief Medical Officer as being the Vice Chairman Rural Health Society, Doda, on the basis whereof the petitioner is said to have continued on consolidated contractual basis of engagement as 'X-Ray Technician' at CHC Thathri.

¶03The petitioner had made a representation for her deployment to PHC/UHTC Ghat, District Doda, as 'X-Ray Technician'. In consideration of her said representation, by virtue of an order No. 269 of 2026 dated 06.01.2026 the petitioner came to be shifted from CHC Thathri, District Doda to PHC/UHTC Ghat, District Doda.

¶04By virtue of an order No. 74-SHS of 2026 dated

10.07.2026, after having spent almost six months of deployment at PHC/UHTC Ghat, District Doda, the petitioner was meant to be recalled back to her original place of engagement as 'X-Ray Technician' at CHC Thathri.

¶05The petitioner rushed to this Court with a writ petition WP(C) No. 2320/2026 challenging order No. 74-SHS of 2026 dated 10.07.2026, whereby her deployment as 'X-Ray Technician' at PHC/UHTC Ghat, Block Ghat, District Doda was brought to an end and meant the petitioner to discharge her duty as 'X-Ray Technician' at CHC Thathri, Block Thathri, District Doda.

¶06Said Writ Petition No. 2320/2026 came to be disposed of by this Court by virtue of an order dated 28.07.2026 with a

direction to the writ respondents to treat the writ petition as a representation made from the end of the petitioner and consider and decide the same in accordance with the applicable rules and laws.

¶07In compliance to the directions as given in order dated

28.07.2026 of this Court, the National Health Mission, J&K, acting through its Mission Director, came forward with an order No. 114-SHS of 2026 dated 20.08.2026, rejecting the petitioner's plea for retaining her engagement/deployment at PHC/UHTC Ghat, District Doda as against her original place of engagement as 'X-Ray Technician' at CHC Thathri, District Doda.

¶08A bare perusal of order No. 114-SHS of 2026 dated

20.08.2026, passed by the Mission Director, National Health Mission, J&K, would show that the stopgap shifting of the petitioner from CHC Thathri to PHC/UHTC Ghat, District Doda, was an administrative arrangement made in the circumstances prevailing at the relevant point of time and, thus, was never meant to vest any entitlement to the petitioner to continue to work as 'X-Ray Technician' at PHC/UHTC Ghat, District Doda.

¶09The petitioner, through the medium of this petition filed under Article 226 of the Constitution of India, is now assailing the outcome in the form of consideration order No. 114-SHS of 2026 dated 20.08.2026 read with order No. 74-SHS of

2026 dated 10.07.2026 also passed by the Mission Director, National Health Mission, J&K, in terms whereof, all the orders and re-posting of officials came to be rescinded so as to bring the incumbent/s to his/her/their original place of posting/s.

¶10The petitioner cannot be heard to have any grievance against very consideration order No. 114-SHS of 2026 dated

20.08.2026 for the simple reason that she had opted with her eyes and ears open to the advertisement whereby selection for 'X-Ray Technicians' for CHC Thathri, was put up for the selection process and she intended to avail it and actually availed it. Therefore, the petitioner is supposed to serve at the same very centre subject to the administrative exigencies which are absolutely in the discretion of the National Health Mission, Directorate, J&K.

¶11This Court cannot loose sight of fact that the inhabitants of far-flung areas of the Union Territory of J&K, particularly of the region of District Doda which is predominantly a mountainous region, are meant to be provided with health care facilities nearby health care centres without compromising with efficiency.

¶12The petitioner's posting as 'X-Ray Technician' is too essential to admit of any relaxation and absence from CHC Thathri.

¶13This Court is strengthened in its assessment of the situation by an input made by Mr. Raman Sharma, learned AAG, that under National Health Rural Mission Project, CHC Thathri,

has two 'X-Ray Technicians' posts and at present only one of them is reporting for duty and the post meant to be served by the petitioner is vacant and therefore, one man is doing the job of two persons on a 24X7 basis.

¶14This Court finds no scope to entertain this writ petition on the purported grievance of the petitioner against her reversion to her original place of post as 'X-Ray Technician' at CHC Thathri, as such, the present writ petition along with connected application(s), is dismissed in limine, at this very stage.

(RAHUL BHARTI) JUDGE JAMMU

02.09.2026

SUNIL

Whether the order is speaking ? :

Whether the order is reportable ? :

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Pronounced on : 02.09.2026 Uploaded on : 11.09.2026 CM No. 5986/2026 Mehrun Nisa …..Petitioner Through: Mr. Firdous Tak, Advocate Mr. Yassar Mushtaq Nizami, Advocate Vs UT of J&K & Ors. .….Respondents Through: Mr. Raman Sharma, AAG with Ms. Saliqa Sheikh, Assisting Counsel CORAM: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE