JUDGMENT :

Arup Kumar Goswami, J.

Heard Mr. Ajit Kumar Singh, learned counsel for the appellant. Also heard Mr. H.S. Ahluwalia, learned Deputy Advocate General, appearing for the respondents.

2. This writ appeal is presented against an order dated 22.03.2022 passed by the learned Single Judge in W.P.(S) No. 1890 of 2022, dismissing the writ petition.

3. An advertisement dated 11.09.2019 was issued for filling up of the post of Pharmacist (Ayurved). The last date of submission of application was 06.10.2019, which was, later on, extended till 16.10.2019. The petitioner responded to the said advertisement for appointment as Pharmacist (Ayurved) Sarguja Division and participated in the selection process in which he came out successful. The result of the examination, pursuant to the advertisement dated 11.09.2019, was published on 11.06.2020.

4. The petitioner is having qualification of 12th pass along with Diploma Certificate of D.Pharma. However, the petitioner was not given appointment on the ground that he did not meet the eligibility criteria as laid down in the advertisement for the post of Pharmacist (Ayurved).

5. The petitioner obtained D.Pharma (Ayurved) degree on 01.10.2019. He registered himself with the Madhya Pradesh Paramedical Council on 22.12.2020 and later on, registered under the Chhattisgarh Paramedical Council on 03.06.2021.

6. The essential qualification prescribed under the advertisement, amongst others, is that the candidate has to be registered under the Chhattisgarh Sah Chikitsa Parishad Act, 2001 (hereinafter referred to as ‘the Act of 2001’).

7. Clause 3.3 of the advertisement indicated that the candidate, while submitting online application, must have valid certificates issued on or before the last date of submission of applications.

8. The petitioner having registered under the Act of 2001 only on 03.06.2021, evidently, he did not have the essential qualification as noted above before the last date of submission of application.

9. Mr. Singh submits that contention was advanced by the petitioner before the learned Single Judge that under the Chhattisgarh Public Health (Indian Systems of Medicine and Homeopathy) Class-III Ministerial and Non-Ministerial Services Recruitment Rules, 1987 (hereinafter referred to as ‘the Rules of 1987’), there is no requirement that to be eligible one has to be registered under the Act of 2001 and therefore, even if the petitioner did not possess such registration under the Act of 2001, the advertisement having travelled beyond the Rules of 1987, candidature of the petitioner could not have been rejected. Though the contention was noted, that aspect of the matter was glossed over by the learned Single Judge, he submits.

10. Perusal of the order of the learned Single Judge goes to show that the learned Single Judge did not advert to this aspect of the matter and solely on the ground that the petitioner had acquired registration under the Act of 2001 after the final result of the recruitment process was declared, rejected the writ petition.

11. It is to be noted that the writ petition was disposed of at the motion stage before any return was filed by the State.

12. The petitioner, in support of the aforesaid contention, relies on an amendment of the Rules of 1987, which was published in the gazette on 20.06.2008.

13. A perusal of the same goes to show that the qualifications prescribed for the post of Compounder Ayurved/Pharmacist listed at Sl.No. 8 of ‘Establishment of Field Organisation’ are (1) Higher Secondary School Certificate or (10+2) or first year of Bachelor’s degree course passed from any recognized Board/University and (2) Ayurved Compounder Training Course or D. Pharma Ayurved passed from any Government or Government recognized Institution. Thus, in terms of the above, the petitioner has the eligibility criteria.

14. It will be appropriate to note that Sl.No. 7 of ‘Establishment of Field Organization’, refers to the post of Pharmacist (Ayurved), Grade-I, for which post, qualific