Bhimi Ram vs HP Staff Selection Commission & Anr

Sureshwar Thakur, J

In pursuance to, an, advertisement notice, borne in Annexure A-6, and wherethrough, applications, for 63 posts of Senior Laboratory Technician

(Allopathy), were invited, from the eligible aspirants concerned, for the afore posts, being filled up, the writ petitioner also applied thereto. In

contemporaneity to the advertisement notice, borne in Annexure A-6, the imperative educational qualification(s), and, other eligibility criteria, hence

borne therein are extracted hereinafter:

“ i)(a) 10+2 examination pass or its equivalent from recognized Board of School Education/University.

(b) One year Diploma in Medical Laboratory Technology from an Institution recognized by State Government

OR

B.Sc Degree in Medical Laboratory Technology from Himachal Pradesh University or equivalent Degree regognized bfy the State

Government (Preference will be given to person holding graduate degree in Medical Laboratory Technology on regular).

ii) Should be register with H.P. Para Medical Council for the above qualification.â€​

The learned Senior Counsel, for the writ petitioner, argues that, though, he holds the prescribed therein educational qualification of 10+2 (Arts), and

yet, his ouster from the selection process, or his not being offered the letter of appointment, hence comprises gross breach thereof, as his ouster, from

the selection process, contravenes the prescription(s) therein(s), qua his possessing the educational qualification, inasmuch as, of, 10+2, without any

further prescription therein, vis-Ã -vis, his completing the afore course, with Arts, or his undertaking studies in science, medical or non-medical.

The vigour of the afore submission becomes waned, from the factum, of, a Corrigendum, borne in Annexure R -2- 2, becoming issued on

08.09.2017, wherein, the afore possessing, of, certificate of 10+2 course, by the aspirants concerned, becoming qualified, inasmuch as, the aspirants

concerned, holding the afore educational qualification(s), with theirs prosecuting studies in science subjects, whether medical or non-medical.

The learned Senior Counsel, for the writ petitioner, argues that once the advertisement notice, embodied in Annexure A-6, made prescriptions

therein, of, the aspirants concerned, also becoming eligible, for, seeking recruitment(s) against the relevant posts, dehors, during the course of theirs

prosecuting, theirs studies appertaining to 10+2, theirs engaging in science subjects, whether medical or non-medical, (a) hence subsequent thereto,

issued Corrigendum, borne in Annexure R-2-2, becomes legally flawed, as upon its issuance, the respondents concerned, untenably chose, to change

the character and complexion, of, the educational qualifications, to be possessed by the aspirants concerned, (b) whereas, reiteratedly the afore

change in the complexion and tenor of the requisite eligibility criteria, becomes forbidden, to be amenable to the bringings of such an alteration or

mutation. However, the afore submission, addressed before this Court, by the learned Senior Counsel, for the writ petitioner, would carry immense

weight, upon, Annexure R-2-2, not holding tandem with the apposite R&P Rules. However, a perusal of the apposite R&P Rules, borne in Annexure

R-2-1, and promulgated, on 12.04.2011, and obviously when they hold force in contemporaneity, vis-Ã -vis, the issuance, of, an advertisement notice,

borne in Annexure A-6, (c) thereupon, prescriptions therein, qua the imperativeness, of, holding(s), of, educational qualification(s), rather imperatively

enjoining the aspirant(s) concerned, hence possessing the prescribed therein educational qualification(s), inasmuch as, of, 10+2, alongwith Science,

whether medical or non-medical, rather, also enjoined the respondents concerned, to, include the afore educational qualification, in the apposite column,

of, Annexure A-6, (d) whereas, nor inclusion(s) therein, rather correction(s) thereof, as made through Corrigendum, brings it in tandem with the

apposite R&P Rules, and thereupon, the apposite Corrigendum becomes clothed within an aura of validity. The consequence thereof is that, Annexure

R-2-2, does not untenably alter or mutate, even during the course, of, operation(s), of, the recruitment process, as became initiated, vis-Ã -vis, the

apposite advertised post(s), the imperative educational qualification, borne in the apposite R&P Rules, as were in contemporaneity therewith, in force

or were enjoined to be possessed, by all the aspirants concerned, nor does the apposite alteration or correction of the apposite educational qualification,

as made through Corrigendum, borne in Annexure A-6, constitute(s) any breach of the apposite R&P Rules, and thereupon, Annexure A-6

necessarily enjoined, qua the apposite condition, borne therein, becoming validly altered or corrected, through Annexure R-2-2.

Consequently, there is no merit in the extant writ petition, and the same is dismissed, so also pending applications, if any. Furthermore, the

respondents concerned, are directed to, release the result(s), of, the existing vacancy for the post(s), of, Senior Laboratory Technician (Allopathy), and

as became reserved, through an order, made by the learned erstwhile Tribunal, on 21.12.2017.