IMPORTANT POINT
The State has the authority to determine qualifications and selection processes for recruitment, and a common examination for Diploma and Degree Holders does not violate Article 14 of the Constitution.

JUDGMENT :

MANOJ KUMAR TIWARI, J.

1. Petitioners possess Diploma in Lab Technician Course, which makes them eligible for appointment as Lab Technician in Government Medical Colleges of Uttarakhand. Uttarakhand Medical Service Selection Board advertised 104 vacancies on the post of Lab Technician in different Government Medical Colleges, within the State vide notification dated 13.08.2021. Petitioners applied for the post of Lab Technician, pursuant to the said advertisement, however, they were declared unsuccessful in the selection. Now, they have approached this Court, challenging validity of Rule 8 of the applicable Recruitment Rules on the ground that Diploma Holders and Degree Holders were made to appear in the Common Written Examination for selection to the post of Lab Technician. They have also sought various other reliefs. The prayers made in the writ petition are extracted below for ready reference:

“I. To issue a writ, order or direction in the nature of “Certiorari” quashing Clause-8 of the Rules known as “Uttarakhand Medical Education Department Technician (Lab/OT/CSSD, Dental etc.) Cadre Service Rules-2020”, so far these rules do not provide separate provision of seats for Diploma Holders for the recruitment on the post of Lab Technician.

II. To issue a writ, order or direction in the nature of “Certiorari” quashing the advertisement bearing no. UKMSSB/Examination (Tech.)/02/2020-21/465, dated 13.08.2021 (Annexure No. 2 to the writ petition) with regard to the post of Lab Technician.

III. To issue a writ, order or direction in the nature of “Mandamus” commanding the respondents to cancel the examination conducted by the respondents in pursuance to the advertisement bearing no. UKMSSB/Examination (Tech.)/02/2020-21/465 dated 13.08.2021 with regard to the post of Lab Technician.

IV. To issue a writ, order or direction in the nature of “Mandamus” commanding the respondents to make a provision in the Rules known as “Uttarakhand Medical Education Department Technician (Lab/OT/CSSD, Dental etc.) Cadre Service Rules-2020” disclosing therein that there will be a separate number of posts of Lab Technicians, which should be filled up by the candidates having the qualification of “diploma” in “Lab Technician” registered with the Uttarakhand State Medical Faculty.”

2. Petitioners have challenged validity of Rule 8 of the relevant Recruitment Rules on the ground that it violates the equality clause contained in Article 14 of Constitution of India, inasmuch as, candidates, who possessed Diploma in Lab Technician Course and Degree in Medical Lab Technology Course, cannot be asked to face the same selection process and, doing so, would amount to treating unequals as equal, which is impermissible.

3. From perusal of the Recruitment Rules, it is revealed that Diploma Holders as well as Degree Holders in Lab Technology Course are eligible for appointment as Lab Technician.

4. Learned Senior Counsel for the petitioners contended that Degree Holders are more qualified than Diploma Holders, therefore, Diploma Holders cannot compete with Degree Holders, if written examination is held in common. He further submits that, in the Recruitment Rules, separate quota should be provided for Diploma Holders or a certain number of vacancies should be kept apart for Diploma Holders to ensure that they are adequately represented in service.

5. Per contra, learned counsel for the respondents contended that the fact that Diploma Holders would participate in a Common Written Examination with Degree Holders was known to petitioners before applying for appointment; petitioners participated in the selection without any demur and when they are unsuccessful, they have turned around for questioning validity of Rule 8. Thus, it is contended by learned counsel for the respondents that challenge to Rule 8, is without any substance; petitioners are estopped from challenging the Rules, once they are declared unsuccessful in the selection.

6. This Court finds substance in the