24/01/2026
A recent and important Division Bench judgment of the Hon’ble High Court of Jammu and Kashmir in UT of J&K vs Pankaj Jasrotia & Others (decided on 04 December 2025) has reaffirmed a fundamental principle of public recruitment: excluding diploma holders without a uniform, rational, and lawful basis amounts to discrimination.
In this case, candidates holding a Diploma in Dental Hygienist were excluded from consideration for the post of Dental Assistant / Junior Dental Technician, despite being trained, registered, and previously declared eligible. The Hon’ble Court examined the matter in detail and made several crucial observations that have wider implications for all diploma holders in Jammu and Kashmir.
First, the Court noted that the Health & Medical Education Department itself had earlier clarified that diploma holders were eligible for the concerned posts. Once eligibility is acknowledged by the competent authority, the State cannot later deny the same without a valid and consistent policy reason.
Second, the Court strongly disapproved of the Government’s “pick and choose” approach in recruitment. Treating similarly situated candidates differently, without objective justification, was held to be arbitrary and violative of equality principles. The judgment made it clear that selective implementation of rules undermines fairness and public trust.
Third, the Hon’ble Court emphasized that eligibility disputes must be resolved through law and policy, not through ad hoc or selective exclusion. The State cannot change standards midway or apply them inconsistently to suit administrative convenience.
Most importantly, the Court reaffirmed that merit is determined through the selection process and competitive examination, not by assumptions attached to qualification labels alone. Once candidates are qualified under the rules and permitted to compete, their merit must be tested fairly through examination and selection.
The Division Bench ultimately upheld that diploma holders were validly eligible for the posts in question and categorically termed their exclusion as arbitrary, discriminatory, and legally unsustainable. The appeal filed by the State was dismissed, and the rights of diploma holders were protected.
This judgment raises a serious and legitimate question regarding SRO-29 recruitment rules applied to SKIMS, where eligibility for many technical posts has been restricted exclusively to degree holders, completely ignoring diploma holders.
on what legal or rational basis are diploma holders excluded from SKIMS, especially when SKIMS is no longer an autonomous body and functions under the Health & Medical Education Department?
Excluding diploma holders without a uniform policy or statutory backing directly conflicts with the principles laid down by the Hon’ble High Court. Such exclusion risks being viewed as discriminatory, arbitrary, and contrary to established law.
Diploma holders form the backbone of the healthcare system in Jammu and Kashmir. GNM nurses, Diploma Pharmacists, DMLT professionals, Radiology diploma holders, Dental Hygienists, and other technical diploma holders have served the public health system with dedication and competence for decades.
This is a humble appeal to all diploma holders across Jammu and Kashmir to raise a united, lawful, and informed voice against unjust exclusion. Silence today may lead to permanent marginalization tomorrow.
Ministry of Health and Family Welfare, Government of India
Office of LG, J&K
Omar Abdullah
Manoj Sinha
Sakina Itoo
Gulistan News Channel
Jammu and Kashmir Pharmacy Council
