JUDGMENT :

AJAY MOHAN GOEL, J.

1. These three writ petitions are being disposed of by a common judgment as similar facts and issues are involved.

2. Respondent/HP Staff Selection Commission, Hamirpur vide advertisement No. 33-2/2017 (Annexure P-3) annexed with CWP No. 1866 of 2020, inter alia, invited applications for the posts of Radiographer on contract basis for the Health & Family Welfare Department, total 154 in number. It it is pertinent to mention that subsequently the number of posts advertised were reduced but the same, as the Court stands informed, have been restored by a decision of the Hon’ble Division Bench of this Court in CWP No. 3371 of 2019, titled Robin Singh Mehta & others vs. State of H.P. & others, decided on 12.11.2020.

3. The online applications for the post in issue were to be submitted from 16.09.2017 to 15.10.2017. It was mentioned in the advertisement that the date for determining the eligibility of all candidates in respect of essential qualifications and experience, if any, shall be the prescribed closing date for submission of online recruitment application i.e. 15.10.2017. The Court stands informed that this date was later on extended up to 31.10.2017. The eligibility criteria as laid down in the advertisement for the purpose of filling up the posts of Radiographers was as under:

“(a)

(i) 10+2 in Science from a recognized Board of School Education/University.

(ii) Diploma in Radiology from an Institution recognized by the Central/H.P. Government.

OR

B.Sc. Degree in Radiology from a recognized University.

(b) Must be registered with H.P. Para Medical Council, Shimla.”

4. Petitioners who duly applied for being considered for appointment to the posts in question, are aggrieved by the factum of their candidature having being rejected by respondent No. 1/Commission on the ground that they did not fulfill the eligibility criteria laid down in the advertisement i.e. “Must be registered with H.P. Para Medical Council, Shimla”. Two of the petitioners were initially selected also but subsequently their candidature was rejected.

5. I have heard learned counsel for the parties and have also gone through the record of the case.

6. In terms of the direction issued by this Court on 6th January, 2021, Sh. Jitender Kanwar, Secretary, HP Staff Service Commission, Hamirpur alongwith Sh. Ajay Kumar, Law Officer is present with whom the Court has had a meaningful discussion on the issue.

7. The recruitment to the posts of Radiographer was governed by the Himachal Pradesh, Department of Health & Family Welfare, Radiographer Class III (Non-Gazetted), Recruitment and Promotion, Rules, 2011 (hereinafter referred to as the “R&P Rules of 2011”) which Rules stood notified vide notification dated 3rd November, 2011. These Rules are on record as Annexure R-1 appended with the rejoinder filed by the petitioner to the response filed by respondent No. 1/Commission. In terms of the said Rules the minimum educational and other qualifications required for direct recruitment to the post of Radiographer were as under:

“7. Minimum educational and other qualifications required for direct recruits. -

(a) Essential Qualification. - (i) 10+2 in Science or its equivalent from a recognized University/Board.

(ii) One year Diploma in Radiology from an Institution recognized by State Government.

OR

B.Sc. Degree in Radiology from Himachal Pradesh University or equivalent.

Preference will be given to person holding graduate degree in Radiology.

(b) Desirable Qualifications.- Knowledge of customs, manners and dialects of Himachal Pradesh and suitability for appointment in the peculiar conditions prevailing in the Pradesh.”

8. These R & P Rules of 2011 were repealed vide notification dated 15th November, 2016 issued by the Health & Family Welfare Department, whereby fresh Rules i.e. the Himachal Pradesh, Department of Health and Family Welfare, Radiographer, Class-III (Non-Gazetted) Recruitment and Promotion Rules, 2016 (hereinafter referred to as the “R & P Rules of