The court emphasized the importance of substantial compliance with the requirements of the advertisement and the duty of the court to impart substantial justice.

JUDGMENT

Satyen Vaidya, J. - Petitioner has filed instant petition seeking following substantive reliefs: -

"(i) Issue a writ of mandamus directing Respondent Commission to consider the candidature of the petitioner to the post of Medical Laboratory Technician Grade-II; and/or

(ii) Issue a writ of mandamus directing respondent No.2 to issue a provisional registration certificate of November 2017; and /or

(iii) Issue a writ of mandamus directing Respondent No.1 to issue fresh-revised result of Medical Laboratory Technician Grade-II."

CASE OF PETITIONER:

2. The facts as alleged in the petition are that respondent No.1 issued Advertisement No.36-1/2020 on 02.03.2020, for selection to different categories of posts. One of such being the post of Medical Laboratory Technician Grade-II in the Health and Family Welfare Department, Government of Himachal Pradesh. Total 154 numbers of posts in this category were advertised out of which 31 posts were for Scheduled Castes (Unreserved Category). Minimum qualification prescribed for the said post are as under: -

"i) 10+2 in science from a recognized board of school education.

ii. B.Sc Medical Laboratory Technology/B.Sc Medical Technology Laboratory/ B.Sc Medical Techology (Laboratory)/B.Sc Medial Laboratory Sciences/B.Sc in Medical Laboratory Technology (Lateral) from a recognized University or an institution affiliated to a recognized University.

iii) Should be registered with the Himachal Pradesh Para Medical Council for the above qualification."

3. As per petitioner, she was having all the qualifications for the post of Medical Laboratory Technician Grade-II. Petitioner passed her matriculation with 91% marks from CBSE in 2011 and 10+2 in medical stream with 79% marks in 2013. She also passed B.Sc in Medical Technology Laboratory from Post Graduate Institute of Medical Education and Research (PGIMER), Chandigarh with 1st division in August, 2017. Petitioner further claimed to have registered herself with H.P. Para Medical Council provisionally on 21.11.2017, after having obtained provisional degree from Post Graduate Institute of Medical Education and Research Chandigarh (PGIMER) Chandigarh on 18.09.2017.

4. Petitioner in response to above noted advertisement, applied for the post of Medical Laboratory Technician Grade-II within stipulated time period. Extended last date for submission of the application was dated 05.06.2020. Petitioner appeared in the written examination conducted on dated 29.11.2020 under Roll No.776000769. She scored 54 marks in the written examination and was amongst toppers. On 04.03.2021, petitioner received communication from respondent No.1 informing her that she had found place in the list of short-listed candidates for undertaking the evaluation process to be held on 15.03.2021. Petitioner was required to bring original documents with attested copies.

5. Before the date of evaluation, petitioner approached respondent No.2 for registration certificate. Though, petitioner had been provisionally registered by respondent No.2 on dated 21.11.2017 but she could not submit her degree to respondent No.2 on account of delay in its receipt. On 10.03.2021, respondent No.2 again issued provisional registration certificate in favour of petitioner.

6. Petitioner appeared with all requisite certificates also with provisional registration certificate on dated 10.03.2021 issued by respondent No.2 on the date of evaluation and submitted all the documents.

7. On dated 20.05.2021, respondent No.1 declared a list of 86 successful candidates, however, the name of petitioner was not included therein. Respondent No.1 had afforded an opportunity to candidates to submit requisite documents within seven days. Petitioner again submitted the documents through e-mail on dated 27.05.2021.

8. On dated 18.06.2021, respondent No.1 issued final list of 91 successful candidates. 71 posts, including 24 posts of scheduled castes (unreserved) category, remained vacant due to non-availability of candidates. Petit