IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
ARUN BHANSALI, J.
Sharwan Ram Badiyasar S/o Shri Kana Ram – Appellant
Versus
State Of Rajasthan - Respondent
S.B. Civil Writ Petition No. 7528, 17278, 8141, 8368, 8423, 8481, 9712, 9800, 9883, 9985, 9997, 10000, 10005, 10026, 10045, 10063, 10068, 10168, 10323, 10674, 11031, 11065, 11304, 11325, 11396, 11447, 15551 of 2021
Decided on : 17/11/2022
Rajasthan Staff Selection Board - Recruitment Dispute - Rajasthan Para Medical Council Act, 2008 - Section 26 - The court considered the action of the Rajasthan Para Medical Council (RPMC) in cancelling the registration of candidates for Lab Technician and Assistant Radiographer positions. The court found that the RPMC's actions were in gross violation of principles of natural justice and lacked specific decision-making. The court quashed the RPMC's order and remanded the matter back to the RPMC for fresh specific notices and an opportunity for the candidates to respond. The court directed the RPMC to complete the entire exercise within four months.
Fact of the Case:
The case involved writ petitions related to recruitment for Lab Technician and Assistant Radiographer positions. The petitions were filed by candidates aggrieved by the RPMC's actions in temporarily withdrawing and permanently cancelling their registration. The RPMC's actions were based on an inquiry report that pointed out discrepancies in the candidates' diplomas.
Finding of the Court:
The court found that the RPMC's actions were in gross violation of principles of natural justice and lacked specific decision-making. The court quashed the RPMC's order and remanded the matter back to the RPMC for fresh specific notices and an opportunity for the candidates to respond. The court directed the RPMC to complete the entire exercise within four months.
Issues: The main issue was the RPMC's cancellation of candidates' registrations without affording them proper opportunity of hearing and without specific decision-making.
Ratio Decidendi: The court held that the RPMC's actions were in violation of principles of natural justice and lacked specific decision-making. The court emphasized the importance of affording candidates a proper opportunity to respond and the need for specific decision-making by the RPMC.
Final Decision: The court quashed the RPMC's order and remanded the matter back to the RPMC for fresh specific notices and an opportunity for the candidates to respond. The court directed the RPMC to complete the entire exercise within four months.
JUDGMENT :
1. These writ petitions have been filed in relation to recruitment on the post of Lab Technician & Assistant Radiographer pursuant to the advertisement dated 12/6/2020 initiated by the Rajasthan Staff Selection Board (‘the Board’).
2. The petitions, other than CWP Nos. 7528/2021, 8141/2021 and 9997/2021, have been filed by the candidates aggrieved of the action of the Rajasthan Para Medical Council (‘the RPMC’) in passing orders dated 23/6/2021 and 24/7/2021, whereby, the registration of the petitioners with the RPMC has been temporarily withdrawn and permanently cancelled, respectively.
3. CW Nos. 7528/2021, 8141/2021 and 9997/2021 have been filed by other candidates against inclusion of names of the petitioners in the list of successful candidates at the recruitment and seeking cancellation of their candidature at the recruitment.
4. As all the petitions arise out of the same subject matter, the same have been heard and are being decided together. The facts of CW No. 9985/2021 are being indicated illustratively.
5. It is inter alia indicated in the petition that Dr. Sarvepalli Radhakrishnan University is recognized by the Govt. of Madhya Pradesh, M.P. Para Medical Council, Central Government as well as UGC. It is claimed that the petitioners passed the two years diploma in Medical Laboratory Technician (DMLT)/two years diploma in X-ray Radiographer Technician (DRT).
6. The Board issued an advertisement dated 12/6/2020 (Annex.3) for recruitment on the post of Lab Technician and Assistant Radiographer. The requisite qualification inter alia required diploma in Medical Laboratory Technician from an institute recognized by the State Government/Central Government/Rajasthan Para Medical Council and registration with the RPMC/diploma in Radiography from an institute recognized by the State Government/Central Government/Rajasthan Para Medical Council and registration with the RPMC. In the note appended to the requisite qualification, it was indicated that in case till the last date of filing application the candidate is not registered with the RPMC, at least the candidate must have applied for registration with the RPMC and at time of document verification, the registration certificate must be produced. The last date of filing application, which was 2/7/2020 was extended to 30/7/2020.
7. The petitioners applied for registration with the RPMC. Most of the petitioners applied on 30/7/2020 and they were issued registration certificates by the RPMC. Whereafter, it is claimed that suddenly by order dated 23/6/2021, the registration certificates of the petitioners were temporarily withdrawn vide Annex.8 inter alia indicating that in terms of the decision taken in the meeting of RPMC dated 18/6/2021 the registration certificates were temporary withdrawn and that same would be permanently cancelled after inquiry.
8. It is inter alia indicated in the petition that on 23/6/2021 (Annex.9), the RPMC wrote a letter to the Registrar, M.P. Para Medical Council inter alia requiring them to make inquiries in relation to four institutions indicating the defects which were found during the course of inquiry held by them. The M.P. Para Medical Council sought time for collection of documents vide its communication dated 28/6/2021. However, on 24/7/2021 by an office order (Annex.10) indicating that in pursuance of the meeting of the RPMC dated 24/7/2021, based on the Inquiry Committee report, correspondence with the M.P. Para Medical Council, physical inquiry, legal opinion and going through the documents of registered applicants and after hearing held on 23/7/2021, on finding serious discrepancies, the registrations made by the RPMC of the candidates from the four Institutions, which were temporarily withdrawn on 23/6/2021 are permanently cancelled. Feeling aggrieved, the present writ petitions have been filed.
9. It may be noticed that while the
Dr. B.L.Aswa vs. State of Rajasthan & Ors. : AIR 1982 SC 933
Susme Builders (P) Ltd. vs. Slum Rehabilitation Authority & Ors. : (2018) 2 SCC 230
Sachin Kumar & Ors. Vs. Delhi Subordinate Service Selection Board (DSSSB) & Ors. : (2021) 4 SCC 631
Union of India & Ors. Vs. Rajesh P.U. & Anr. : (2003) 7 SCC 285
Eligibility for appointment requires meeting criteria by the cut-off date; subsequent qualifications do not retroactively qualify candidates.
The main legal point established in the judgment is the strict adherence to the eligibility criteria as stipulated in the advertisement, particularly the requirement of possessing the registration wi....
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