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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Tarlok Singh Chauhan, Satyen Vaidya, JJ.
Gulshan Kumar - Appellant
Versus
Himachal Pradesh Staff Selection Commission & Ors. - Respondents
C.W.P. No. 3842 of 2021
Decided On : 04-08-2021
Qualification - Medical Laboratory Technician Grade-II - Advertisement No.36-1/2020 - 5.IMPORTANT INSTRUCTIONS FOR FILLING UP ONLINE APPLICATIONS: 1. to 3. Xxx xxx xxx 4. The candidates must ensure their eligibility in respect of category, experience, age and essential qualification(s), etc., as mentioned against each post in the advertisement to avoid rejection at later stage. 5. & 6. Xxx xxx xxx 7. The candidate should possess requisite essential qualification(s) prescribed for the post(s) for which he/she wants to apply as on closing date fixed for submission of Online Recruitment Applications (ORA). 11. SUBMISSION OF CERTIFICATES/ DOCUMENTS. The download/printed copy of the Online Application Form alongwith necessary original certificates and self attested photocopies will have to be produced at the time of evaluation. No offline Application Form will be accepted by the office. 13. ELIGBILITY CONDITIONS: - (i). The date of determining the eligibility of all candidates in terms of Essential Qualifications, experience etc., shall be reckoned as on the closing date for submitting the Online Recruitment Applications (ORA). (ii) xxx xxx xxx (iii) Onus of proving that a candidate has acquired requisite degree/essential qualifications by the stipulated date is on the candidate and in the absence of proof the date as mentioned on the face of certificate/degree or the date of issue of certificate/degree shall be taken as date of acquiring essential qualification.
Fact of the Case:
The petitioner applied for the post of Medical Laboratory Technician Grade-II and was required to possess essential qualifications, including registration with the Himachal Pradesh Para Medical Council. Despite submitting the registration certificate on the date of evaluation, the petitioner's candidature was rejected for not possessing the requisite qualification on the closing date for submission of applications.
Finding of the Court:
The court found that the petitioner did not possess the requisite minimum qualification of registration with H.P. Para Medical Council on the closing date for submission of online recruitment applications. The court also noted the petitioner's failure to provide a satisfactory explanation for the delay in registration and the lack of representation before the respondent when the opportunity was afforded.
Issues: The main issue was whether the submission of the registration certificate on the date of evaluation was sufficient compliance with the terms of the advertisement, considering the essential qualification requirement to be possessed on the closing date for submission of online recruitment applications.
Ratio Decidendi: The court held that the date of determining the eligibility of candidates in terms of essential qualifications was to be reckoned as on the closing date for submitting the online recruitment applications. The onus of proving the acquisition of requisite qualifications by the stipulated date was on the candidate.
Final Decision: The petition was dismissed, and the rejection of the petitioner's candidature by the respondent was upheld.
JUDGMENT
Satyen Vaidya, J. - Petitioner has filed the instant petition seeking following substantive reliefs: -
"(i) To quash and set aside Annexure P-9 i.e. notice for information dated 01.06.2021 qua petitioner whereby the candidature of the petitioner was kept on hold for producing registration certificate, ignoring the fact that the same has already been submitted by the petitioner at the time of the evaluation process.
(ii) To direct the respondents to give appointment to the petitioner for the post of Medical Laboratory Technician Grade-II (post code 776) in the facts and circumstances of the case
(iii) To direct the respondents to keep Annexure P10 dated 18.06.2021 in abeyance till the final outcome of the present writ petition and further not give appointment to any candidate as per Annexure P-10."
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 post being 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 Caste (UR) Category. Minimum qualification prescribed for the said post was 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 Technology (Laboratory)/B.Sc. Medical 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, he was having all the qualifications for the post of Medical Laboratory Technician Grade-II. Petitioner had passed his 10+2 examination in 2015. He had also passed B.Sc. in Medical Technology (Laboratory) from Chandigarh University in May, 2018. Petitioner further claimed to have registered himself with H.P. Para Medical Council ("Council" for brevity) on 02.11.2020.
4. In response to above noted advertisement, petitioner 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.776000349. He scored 33 marks in the written examination. On 03.03.2021, petitioner received communication from respondent No.1 informing him that he had found place in the list of short-listed candidates for undertaking the evaluation process to be held on 12.03.2021. Petitioner was required to bring original documents with attested copies.
5. Petitioner appeared with all requisite certificates along with registration certificate issued by respondent No.3 on the date of evaluation and submitted all the documents.
6. On dated 20.05.2021, respondent No.1 declared a list of 86 successful candidates, however, the name of petitioner was not included therein. Since certain representations were received by respondent No.1 raising issues of registration with respondent No.1, result was kept on hold and was finally published on 18.6.2021. Total 91 candidates were declared successful. Petitioner did not find his name in the list of successful candidates. In response to his application under Right to Information Act, he received communication dated 25.06.2021, Annexure P-11, from respondent No.3 with following remarks:
"You have failed to produce the certificates of essential qualification as prescribed in the R & P rules for the post i.e. registration with H.P. Para Medical Council valid as on the last date fixed for receipt of online application i.e. 05.06.2020 as mentioned in the advertisement".
CASE OF RESPONDENTS:
7. Learned Counsel for respondent No.1 at the time of hearing has reiterated the stand
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