Mohammad Qasim and Another v. Ut of Ladkah Th Commissioner Secretary National Health Mission Ladkah and Others

ORDER(ORAL)

(ARUN PALLI-CJ)

¶01This is an intra-court appeal under Clause 12 of the Letters Patent assailing the interim order dated May 19.2025.

¶02A brief narration of the facts that have led the parties to the current position is imperative. In April 2025 the HME/Mission Director, National Health Mission, UT of Ladakh, issued an advertisement for the recruitment of Medical Officer(s) (AYUSH) for the Block Mobile Team under the Rashtriya Bal Swasthya Karyakram (RBSK) Scheme. Per the eligibility criteria, the candidates possessing the Degrees in BAMS/BUMS/BHMS/BSRMS and BDS were eligible to compete in the selection process. However, a group of Bachelor of Sowa-

Rigpa Medicine and Surgery (BSRMS) graduates challenged the said notification vide WP(C) No. 1222/2025. In brief their case was/is that AYUSH posts should be exclusive to the traditional medicine streams and, therefore, inclusion of Bachelor of Dental Surgery (BDS) is apparently unjustified. And, vide order that is being assailed, the Writ Court, though, permitted the respondent-Authorities to continue with the selection process, however, they were directed not to declare the results of the candidates possessing BDS/MS Degrees. Whereas, liberty was granted to declare result of all other AYUSH Streams (BAMS/BUMS/BHMS/BSRMS)

¶03Learned counsel for the appellants submits that exfacie the impugned order is erroneous, for, the appellants (BDS candidates) despite being the most affected parties were neither impleaded as such nor heard before the Writ Court passed the impugned order. So much so, he submits the RBSK Scheme guidelines (since 2014) specifically includes MBBS/BDS/AYUSH as eligible qualifications for Mobile Health Teams. And, viewed in this context, the interim order effectively rewrites the eligibility criteria. Further, the subject posts being contractual (one year), owing to the order under challenge, the rights/interests of the appellants are severely impaired. Rendering the appellants participation in the examination /selection process inconsequential.

¶04However, Mr. Akhil A. Bardi, learned counsel appearing for the private respondents submits that in fact 95% of the candidates who possess a BDS Degree, were arrayed as respondents on May 19, 2025 itself. He submits that the Writ Court is already in seizin of the matter. And, the respondents to the petition have already submitted their objections/response. Therefore, in the given circumstances, it would rather be expedient if the appellants, too, are arrayed as parties to the petition and to secure the interest of all the stake-holders to the lis ,

the Writ Court be requested to consider and decide the application moved by the writ petitioners as regards the interim relief as also the main case itself at the earliest.

¶05Learned counsel for the appellants is agreeable to the course suggested by the learned counsel for the private respondents. He submits that the appellants, too, shall file their objections/response to the petition within three days.

¶06In the wake of the above and in terms of the statements made by learned counsel for the parties, the appellants are impleaded as respondents to the writ petition. For, the matter is posted before the Writ Court on April 07, 2026, with the consent of the learned counsel for the parties, same is preponed to March 03, 2026. The Writ Court, in the given circumstances, is requested to consider and decide the application for interim relief on the date fixed and, if considered viable, even the main case as expeditiously as possible.

¶07The appeal is, accordingly, disposed of in the above terms.

¶08Needless to assert that this order shall not constitute any expression of opinion on merits of the case of either party as the Writ Court would proceed to decide the matter in accordance with law.

(RAJNESH OSWAL) (ARUN PALLI) JUDGE CHIEF JUSTICE Jammu

25.02.2026 Sunita

Sr. No. 31 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CJ Court Case: LPA No. 30/2026 in WP(C) No. 1222/2025 CM Nos. 959-961/2026 Date of pronouncement: 25.02.2026 Uploaded on: 26 .02.2026 Mohammad Qasim and anr. …Petitioner(s)/Appellant(s) Through: Mr. Javid Hameed, Advocate. V/s UT of J&K and ors. …. Respondent(s) Through: Mr. Vishal Sharma, Sr. Advocate (DSGI) with Mr. Anishwar C. Koul, CGSC. Mr. Akhil A. Bardi, Advocate for private respondents. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE.