The petitioner, lacking the specified HSSLC qualification, was ineligible for the Photographer post, but the authority must consider his representation regarding diploma equivalency.

JUDGMENT AND ORDER :

KARDAK ETE, J.

Heard Mr N K Kalita, learned counsel for the petitioner and also heard Mr D P Borah, learned Standing Counsel, Health Department, for the respondents.

2. By filing this writ petition, the petitioner has prayed for a direction to the respondent authorities to allow him to join in service as Photographer in the Tezpur Medical College and Hospital, Tezpur, in terms of the appointment order dated 25.05.2023, pursuant to the advertisement No. DME/119/2021/Pt-I/22657, dated 01.02.2023, issued by the Director of Medical Education, Government of Assam.

3. The petitioner claims to have passed the HSLC Examination from Kendriya Vidyalaya No. 1, Itanagar, Arunachal Pradesh in the year 1998, and had completed three years diploma course of Photography and Cinematography from the Regional Institute of Printing Technology, Kolkata, under the West Bengal State Council of Technical Education in the year 2004.

4. The Director of Medical Education, Government of Assam, issued an advertisement dated 01.02.2023, inviting online applications for filling up of various posts, including the post of Photographer in the Medical College and Hospitals of the State of Assam. The requisite educational qualification for the post of Photographer was prescribed as HSSLC passed with certificate in Photography from Government recognized institute. Although petitioner did not apply for the post of Photographer initially, as he was only HSLC passed, coming to know that the Government of Assam, vide its Cabinet decision had decided to recognize the three years diploma in Engineering awarded by the State Council of Technical Education as equivalent to Higher Secondary (Science) or Class- XII (Science), he applied for the said post through online by submitting his HSLC Certificate and the three years diploma certificate in Photography and Cinematography.

5. The respondent authorities accepted the application of the petitioner and issued admit card. Accordingly, the petitioner participated in the selection process and was selected for the post of Photographer. Thereafter, consequent to his selection, he was appointed vide an order dated 25.05.2023, as per the recommendation of the Recruitment Board of Health and Family Welfare Department and in pursuance of the Government approval vide Letter No. HLA.511/2021/Pt./79, dated 22.05.2023, as Photographer at Tezpur Medical College and Hospital, Tezpur. Pursuant thereto, the petitioner went to the Tezpur Medical College and Hospital on 05.06.2023, to join, but the authority refused to allow him on the ground that the petitioner does not have a requisite qualification, as he did not have the qualification of HSSLC Examination. Being aggrieved, the petitioner filed a representation before the Director of Medical Education, Assam, which has not been considered and disposed of, as on today. Hence, this writ petition.

6. Mr N K Kalita, learned counsel for the petitioner submits that although the petitioner does not have the qualification of HSSLC passed, he being having the certificate of three years diploma in Photography and Cinematography from the recognized institute, which is treated as equivalent to Class-XII passed or HSSLC Examination passed, and the fact that the application submitted with the HSLC Examination and the three years diploma certificate having been accepted and allowed to participate in the recruitment process, consequent to which, the petitioner was appointed, the action of not allowing the petitioner to join in the post of Photographer is illegal. In support of his