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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
Mridul Kumar Kalita
Inoto Y. Sumi – Appellant
Versus
State of Nagaland through The Chief Secretary – Respondent
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
Degrees from unrecognized institutions cannot be utilized for employment; recognition must come from appropriate regulatory bodies.
Eligibility for appointment requires meeting criteria by the cut-off date; subsequent qualifications do not retroactively qualify candidates.
Recognition of nursing qualifications is valid if granted by the State Council at the time of course completion, regardless of subsequent withdrawal by the Indian Nursing Council.
Recognition of nursing qualifications by State Councils is valid even if later de-recognized, as long as the institution was recognized at the time of course completion.
The central legal point established in the judgment is the significance of prior recognition of diploma courses under the Indian Medical Council Act, the impact of subsequent de-recognition, and the ....
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