Degrees from unrecognized institutions cannot be utilized for employment; recognition must come from appropriate regulatory bodies.

JUDGMENT :

Mridul Kumar Kalita, J.

1. Heard Mr. Moa Jamir, learned counsel for the petitioners. Also heard Mr. N. Angami, learned Senior Government Advocate appearing for the State respondents as well as Ms. Lhousino, learned counsel for the respondent No. 6.

2. This writ petition, under Article 226 of the Constitution of India, has been filed by 18 numbers of petitioners praying for issuance of writ in the nature of mandamus for quashing the reject list issued by respondent No. 4 wherein the petitioners’ candidatures in the selection process conducted in pursuant to the Advertisement No. DHFW-5/TRG/COVID- 19/LT/2019-20/5027-30 dated 16.07.2020 was rejected. The petitioners have also prayed for directing the respondent's authorities to allow the petitioners to participate in the aforesaid selection process. A further direction was sought for to recognize the petitioners’ Diploma in Medical Laboratory Technology obtained from Indian Institute of Paramedical Technology, Kohima, Nagaland, for any future participation in selection process to the course of Laboratory Technician.

3. The facts relevant for consideration of the instant writ petition, in brief, are that the petitioners herein had obtained Diploma in Medical Laboratory Technology (DMLT) from the Indian Institute of Paramedical Technology, Kohima in different years. The Indian Institute of Paramedical Technology, Kohima was established in the year 2007 as a recognized Institute of SEALDAH Training Society for Medical Research, Kolkata.

4. Subsequently, the Government of Nagaland approved the institute by the Approval No. THE/HE/16-1/2009 and was registered by Registration No. H/RS-4997 under the Government of Nagaland. The Government of Nagaland also issued “No Objection Certificate” for establishment of Indian Institute of Paramedical Technology at Kohima on the basis of inspection report submitted by an officer of the Department of Higher and Technical Education.

5. It is stated in the writ petition that in the year 2011 some of the passed out students of 2009 batch from the Indian Institute of Paramedical Technology, Kohima, faced difficulty in applying for job of Laboratory Technician due to the fact that the said institution was affiliated to SEALDAH Training Society for Medical Research, Kolkata which is not a recognized institute/university. The Principal of Indian Institute of Paramedical Technology, Kohima applied for affiliation from Paramedical Council of India and in pursuant thereto the Paramedical Council of India by its Letter No. PMCI/KOL/126/11-12 dated 31.07.2012 issued provisional authorization to the said institute for a period of 6 years from the date of granting of regular authorization.

6. In the year 2020, the Principal Director, Government of Nagaland, Directorate of Health and Family Welfare, Nagaland, Kohima (respondent No. 4) issued an Advertisement bearing No. DHFW- 5/TRG/COVID-19/LT/2019-2020/5027-30 dated 16.07.2020 inviting applications for 18 numbers of posts of Laboratory Technician with pay matrix of 26400-83600 for a Diploma qualification holder and a pay matrix of 28700-81300 for Graduate and above qualification holder. All the petitioners had applied for the said post along with requisite documents.

7. However, the applications filed by the petitioners were rejected on the ground that they obtained Diploma in Medical Laboratory Technology from an unrecognized University and accordingly a reject list was published to this effect whereby the petitioners’ candidatures to the aforementioned posts were rejected on the ground that they had obtained the Diploma in Medical Laboratory Technology from an unrecognized institution.

8. Mr. Moa Jamir, learned counsel for the petitioners has submitted that the petitioners have undergone extensive course while pursuing Diploma in Medical Laboratory Technology and thereafter most of them served as Laboratory Technician on contractual basis in various post under the Government of Nagaland and have gained enou