SRINAGAR, Dec 3: The High Court of Jammu & Kashmir and Ladakh has ruled that an ineligible candidate holding a post on a contractual basis for some time cannot claim waiver of qualification or exemption from the regular selection process. The court stressed that eligibility norms must be upheld in consonance with Article 14 of the Constitution of India.
A division bench comprising Justice Sanjeev Kumar and Justice Sanjay Dhar made the observation while dismissing an appeal filed by a candidate who had challenged a single judge’s decision. The single judge had earlier concluded that the candidate did not possess the requisite qualification of a Diploma in Nursing for the post of Female Nurse advertised by Sher-e-Kashmir University of Agricultural Sciences and Technology, Kashmir (SKUAST-K) in 2015.
The appellant had applied for the post on the basis of a certificate claiming that an FMPHW Diploma was equivalent to a Nursing Diploma. The court, however, declined to accept this plea, stating that the prescribed qualification for the post was specifically a Diploma in Nursing and not any other certificate claimed to be equivalent. In the absence of such stipulation, reliance on the so-called equivalent qualification was held to be impermissible under law.
The bench also rejected the prayer that the candidate be appointed against one of the available Female Nurse posts at SKUAST-K on the strength of her long working experience. The judges observed that such a direction would amount to appointing an ineligible candidate, which would be contrary to constitutional principles of equality and fairness.
“Accepting such a prayer and issuing a direction to the university to appoint the candidate as a Female Nurse against any available vacancy despite the fact that she does not possess the requisite qualification, would tantamount to appointing an ineligible candidate,” the bench said, adding that such a course would violate Article 14 of the Constitution.
The court clarified that any posts of Female Nurse available with SKUAST-K for direct recruitment must be duly advertised, enabling all eligible candidates to apply, participate, and compete in the selection process. The ruling reinforces the principle that contractual service cannot be used to bypass eligibility requirements or the regular recruitment process.
