Excelsior Correspondent
SRINAGAR, Sept 21: High Court quashed the selection list of Junior Pharmacists for Kulgam district and directed the Services Selection Board (SSB) to reframe it.
Justice Mohammad Yaqoob Mir while quashing the selection list for the posts of Junior Pharmacist in Health Department for District Kulgam (vide advertisement Notice No. 7 of 2013) directed the board to reframe the four posts of Junior Pharmacist of open merit within a period of four weeks.
Court said that the Board runs contrary to the Govt. order No.325-HME of 2013 dated 16.05.2013 as well as clause (11) of the Advertisement Notice. “The petitioners, for the stated facts and reasons, being eligible and in order of merit figuring at serial No.3 and 4, should have been selected. The select list impugned, has to be reframed vis-à-vis four posts of Junior Pharmacist category OM”, court said and allowed the petition of non-selectees challenging the selection made by the board.
Court said that in case qualification as reflected in the Advertisement Notice would have been the only qualification prescribed by recruitment rules consistent with the job requirement, then the candidates with higher degree could be excluded but that is not so. The candidates possessing higher degree i.e. B-Pharmacy by no stretch of imagination could be treated as ineligible.
In terms of Govt. order No.325-HME of 2013, the minimum qualification prescribed for the post of Junior Pharmacist is 10+2 with diploma in Medical Assistant/Pharmacist from recognized institute, SMF or any instituted recognized by the Government. Clause (11) of the Advertisement Notice also suggest that the qualification prescribed is “minimum.”
“In a most casual fashion it has been concluded that the B-Pharmacy is not included in the recruitment rules for appointment as Medical Assistant (now called Pharmacist). The Administrative Department too in an arbitrary manner, without addressing the issue, has informed the respondent Board vide its letter dated 17.03.2016, to fill up the post of Medical Assistant/Pharmacist strictly in accordance with the recruitment rules”, Justice Mir said and held that respondent Board, Director Health Services and the Administrative Department, ignoring Govt. order No.325-HME of 2013 dated 16.05.2013, have issued confusing clarifications.
Court further added that the respondents , at their respective levels, while seeking clarification regarding eligibility of a candidate possessing qualification B Pharmacy, have not noticed Govt. order No.325-HME of 2013 dated 16.05.2013.
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