146 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 25.08.2025 Jagtar Singh and Others …Petitioners Vs.

State of Punjab and Others …Respondents Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. Gurinder Singh, Advocate for the petitioners.

Mr.Swapan Shorey, DAG, Punjab.

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N.S.Shekhawat J.

1. The petitioners have filed the present writ petition under Article 226/227 of the Constitution of India with a prayer to issue a writ in the nature of Mandamus directing the respondents to grant relaxation to them in the upper age limit for appointment to the post of Multipurpose Health Worker (hereinafter referred to as the “MPHW”) (Male), by considering their claim under Rule 19 of the Punjab Civil Services (General and Common Condition of Service) Rules, 1994. It has been further prayer that the respondents may be directed to consider the petitioners for the post of “MPHW” (Male) in the ongoing recruitment process, which has been initiated vide advertisement dated

06.08.2025 (Annexure P-2).

2. Learned counsel for the petitioners has vehemently argued that the petitioners had qualified their matriculation as well as 10+2 examination from the recognized School Education Board and had also possess a diploma of “MPHW” (Male) from the Department of Health, Family & Welfare, Punjab.

Earlier, the post of “MPHW” (Male) was governed under the rules called Punjab Health & Family Welfare Technical Group-C Service Rules, 2007. However, on 09.11.2016, Punjab Health & Family Welfare Technical Group -C Service Rules, 2016 were notified and the earlier rules of the year 2007 were repealed. Rule-6 provides for the method of appointment, qualification and experience of the candidates. Even, as per the appendix “B” attached to the said rules, the following qualifications have been provided for the post of “MPHW”

(Male):-

Sr. No.19 in Multipurpose Health Worker (Male):-

iii) Should have passed the Senior Secondary part II examination with Science or its equivalent from a recognized university or institute.

iv) Should possess a diploma in Multipurpose Health Worker (Male) from a recognised University or institution”.

Further, a person, who had passed his matriculation examination with Science or its equivalent from the recognized University and also possessed a diploma in “MPHW” (Male) from a recognized University/institution would be eligible for this post as per the rules, 2016.

3. Learned counsel for the petitioners further submits that the no advertisement for the filling up the posts of “MPHW” (Male) on regular basis was issued by the department except when the appointments were made on contract basis in the year 2007. Thereafter, the posts were advertised in the years 2016, 2020 and 2021. On 06.08.2025, the Directorate of Health Services(Family Welfare), Punjab had sent a communication (Annexure P-2) to Vice Chancellor, Baba Farid University of Health Sciences, Faridkot regarding filling up of 270 direct recruitment vacant posts of Group-C, cadre (MPHW)

(Male) under the respondent-department. Thereafter, the Baba Farid University of Health Sciences, Faridkot issued the advertisement (Annexure P-3) and also uploaded the same on 06.08.2025 for the information of the candidates.

4. Learned counsel for the petitioners further argued that, the Punjab Health & Family Welfare Technical (Group-C) Service Rules, 2016 provide for method of appointment, qualification and experience as well as general and common conditions of service. Rule 8 provides that in respect of the matters, which are not specifically provided in these rules, the members of the service shall be governed by the Punjab Civil Services (General and Common Conditions of Service) Rules, 1994. The said rules are applicable to all posts of Group A, B and C. Rule 5 of the above rules 1994 provide that the age limit for recruitment would be between 18 to 30 years in case of non-technical posts and between 18 years to 35 years in case of technical posts. Even, certain relaxations we