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2016 Supreme(Manipur) 118
IN THE HIGH COURT OF MANIPUR AT IMPHAL
N. KOTISWAR SINGH, J.
Laishram Nobin Singh – Petitioner
Versus
The State of Manipur, through the Commissioner (Health) – Respondent
W.P. (C) No. 834 of 2013
Decided On : 01-08-2016
For the Petitioners:Mr. H.S. Paonam, Senior Advocate, Mr. L. Ashinikumar, Mr. S. Dijeshwor, Mr. A. Arunkumar and Mr. N. Bipin, Advocates.
For the Respondents:Mr. S. Nepolean, G.A., Mr. R.S. Reisang, G.A., Mr. Shyam Sharma, G.A., Mr. H. Samarjeet, Mr. A. Romesh, Mr. David Boon, Mr. Kh. Lupenjit, Mr. P. Ajoy, Mr. I. Nareshkumar and Mr. A. Mohendro, Advocates.
The possession of qualification of having undergone training in MRO training course is deemed to have possessed the qualification of having undergone MRT training course as required under recruitment rules. The respondent no. 4 is a Graduate.
Headnote:
Promotion - Medical Record Technician - Recruitment Rules for the Post of Medical Record Technician (MRT) in Health Department, Manipur - No. 1/30/88-RR/DP - Summary of Acts and Sections: Recruitment rules for the post of Medical Record Technician (MRT) in the Health Department, Government of Manipur - No. 1/30/88-RR/DP - Summary: The court discussed the essential qualifications mentioned in the recruitment rules, the necessary implication of a provision, and the possession of qualifications or experience more than the minimum eligibility criteria. The court held that possession of qualification of having undergone training in MRO training course is not only as good as having undergone the MRT training course but also more than it and can be deemed to have possessed the qualification of having undergone MRT training course as required under recruitment rules. The court also discussed the issue of the graduation of the respondent no.4 and held that the respondent no. 4 is a Graduate. The court dismissed the writ petition without any cost.
Fact of the Case:
The petitioner challenged the promotion of respondent No. 4 to the post of Medical Record Technician (MRT) in the Health Department, Government of Manipur, on the grounds that the respondent No. 4 did not meet the essential qualification for promotion and had obtained a graduation certificate without proper authorization.
Finding of the Court:
The court found that the respondent No. 4 possessed the essential qualification of having undergone MRT training course as required under the recruitment rules and is a Graduate. The court dismissed the writ petition without any cost.
Issues: The issues revolved around the essential qualifications mentioned in the recruitment rules, the necessary implication of a provision, and the possession of qualifications or experience more than the minimum eligibility criteria.
Ratio Decidendi: The court held that possession of qualification of having undergone training in MRO training course is not only as good as having undergone the MRT training course but also more than it and can be deemed to have possessed the qualification of having undergone MRT training course as required under recruitment rules. The court also held that the respondent no. 4 is a Graduate.
Final Decision: The court dismissed the writ petition without any cost.
1. Heard Mr. H.S. Paonam, learned Senior Counsel assisted by Mr. A. Arunkumar, Advocate for the petitioner. Also heard Mr. S. Nepolean, learned G.A., Mr. A. Mohendro, learned Advocate and Mr. H. Samarjit, learned Advocate for the respondents.
2. In this writ petition, the petition has challenged the promotion of respondent No. 4 to the post of Medical Record Technician (MRT) in the Health Department, Government of Manipur along with 5 others vide order dated 30.07.2012, on the recommendation of the DPC held in association with the Manipur Public Service Commission on 26.06.2012.
3. The main grounds taken in challenging the promotion of the respondent No. 4 to the post of MRT may be stated as follows.
Firstly, it has been contended that the respondent No. 4 is not trained in Medical Record Technician course of at least 6(six) months duration from a recognised institution which is an essential qualification for promotion. Secondly, it has been also alleged that the respondent No. 4 is not a graduate and the recruitment rules give preference to the graduates at the time of promotion and since the petitioner is a graduate he ought to have been given preference over the respondent No. 4, who is not a graduate.
4. In order to appreciate the aforesaid contentions it will be necessary to refer to the recruitment rules for the post of Medical Record Technician (MRT) in the Health Department, Government of Manipur.
As per the recruitment rules for the post of Medical Record Technician (MRT), 50% of the posts are to be filled up by promotion from amongst Grade III employees and the remaining 50% by direct recruitment as per Notification dated 3rd September, 2011. In case of promotion, Grade-III employees with Graduation and non-Graduation who are trained in Medical Record Technician Course are eligible for consideration and the Non Graduates can be considered if Graduates are not available. The relevant portions of the recruitment rules are reproduced herein-below:
“No. 1/30/88-RR/DP
Imphal, the 3rd September, 2011
M.P.S.C. Form-8.
RECRUITMENT RULES FOR THE POST OF MEDICAL RECORD TECHNICIAN (MRT) IN HEALTH DEPARMENT, MANIPUR.
| 1. | Designation of posts | Medical Record Technician (MRT) |
| 2. | No. of posts | 11 (Eleven) |
| 3. | Classification | GCS Class-II/Gr. B (Gazetted) |
| 4. | Scale of pay | Rs. 5,000-150-8,000/- p.m. (pre-revised) [Corresponding Pay Band of Rs. 9,300-34,800/- plus grade pay of Rs. 4,200/- p.m. as per MS(RP) Rules, 2010] |
| 5. | Whether selection post or non-selection post | Selection |
| 6. | Age for direct recruits | 35 (thirty-five) years & below (upper age limit is relaxable for Govt. servants appointed under the Govt. of Manipur to the extent of the period of continuous services put in the post/service and by 5 years for SC/ST candidates and by 3 years for OBC candidates and a Govt. servant who belongs to SC/ST/OBC will get the facility admissible to a Govt. servant in addition to the relaxation admissible to SC/ST/OBC candidates.) |
| 7. | Educational and other qualifications required for direct recruits | ESSENTIAL: Graduate of a recognised University. DESIRABLE : Knowledge of Manipuri and Hindi |
| 8. | Whether age and educational qualification prescribed for the direct recruits will apply in the case of promotees. | N.A. |
| 9. | Period of probation, if any | 2 (two) years |
| 10. | Method of recruitment whether by direct recruitment or by promotion or by deputation/transfer and percentage of the vacancies to be filled by various methods. | 50% by promotion and 50% by direct recruitment |
| 11. | In case of recruitment by promotion/deputation/transfer, grades from which promotion/ deputation/transfer to be made | Promotion: 1. Grade-III employees with Graduation having 2 (two) years regular service in the grade |
