Dharamander vs State of Haryana

Jasbir Singh, J.—Petitioners are the candidates for the post of Multipurpose Health Workers (Male). 560 posts of Multipurpose Health Workers (Male) were advertised on 6.12.2011. Subsequent thereto, number of posts was increased to 760. Advertisement has been placed on record as Annexure P1. The service conditions for the posts are governed by the Rules known as The Haryana Health Department Multipurpose Health Supervisors & Multipurpose Health Workers Group ''C'' Service Rules, 1984 (in short "the Rules"). As per Appendix ''B'' annexed with the above said Rules, following is the qualification for the post in question:--

It is stated that a candidate needs to have academic qualification of Metric, knowledge of Hindi upto Metric standard and Multipurpose Health Training Course from any Institution approved by the Haryana Government.

Petitioners have done their Multipurpose Health Workers Training Course from an Institution outside the State namely, Manav Bharti University at Solan, Himachal Pradesh. When their candidature was not accepted, they approached this Court by filing Civil Writ Petition No. 24205 of 2013 wherein notice of motion was issued on 6.11.2013. In terms of order passed in Civil Writ Petition No. 23808 of 2013, petitioners were ordered to be interviewed subject to the decision of pending litigation. On 4.12.2013, the following order was passed by the learned Single Judge:--

"By consent, this petition is treated as the main case.

The present and all connected writ petitions raise issued as to eligibility with respect to educational qualifications earned from different Universities and nursing institutions from States outside the State of Haryana. In some of the cases, service is not complete. In many of the cases, Mr. Rathee does not have copy of the writ petitions filed which has incapacitated him for considering filing replies. In at least one case, process fee was not filed to serve the respondents. This Court has passed interim orders in each of these cases permitting provisionally the respective petitioners to be interviewed by the Haryana Staff Selection Commission, Panchkula for the advertised posts of Multi Purpose Health Workers (Male).

Mr. Rathee submits that the petitioners would be interviewed provisionally in terms of the interim directions passed in each case within a time bound period and result of the interviews will be kept in sealed cover. He submits that but for intervention of this Court the last date of interviews was 14.11.2013 but the doors of the Commission would be opened to interview the petitioners on the same parameters and criteria which was applied to those who have already been interviewed and the final merit would be determined without any discrimination between those who have been interviewed without Court intervention and those who are going to be interviewed after Court intervention.

Since interviewing the petitioners is not a difficult task to the mind of this Court it would serve the ends of justice if a direction is issued to the Commission that it draws up a schedule of interviews with date and time in the Commission''s office duly notified personally to each of the petitioners and on the website of the Commission. Let this exercise be completed within 10 days. Thereafter, let the entire exercise be completed within 30 days upon which the result of the interviews be kept in sealed covers to be produced in Court on the next date of hearing.

Mr. Rathee states at Bar that he has knowledge only of three writ petitions being CWP No. 24205 of 2013, 24866 of 2013 and 22639 of 2013. Let each of the learned counsel for the petitioners supply three sets of the paper book to Mr. Rathee by 06.12.2013. In case, there is failure to supply copies of the paper books to Mr. Rathee, the interim order including this order shall stand automatically vacated without reference to this Court. Each of the learned counsel for the petitioners in each of the writ petitions would while supplying copies in the office of the Advocate General, Haryana obtain a receipt and keep it as a proof of service. It is made clear that no further writ petition would be entertained claiming provisional interview henceforth."

An undertaking was given by the State counsel that all the petitioners in that case and other connected cases would be interviewed provisionally in terms of earlier order passed. One specific date was fixed for the said purpose. The Court further ordered that after the date fixed for interview, no further similarly situated person be interviewed by the State. The matter came up for hearing before the learned Single Judge on 4.2.2014, when following order was passed:--

"Counsel for the petitioners prays for withdrawal of the writ petition with liberty to challenge the statutory rules, which restricts eligibility of the candidates for appointment to the post of Multipurpose Health Worker only to such persons who have passed the Multipurpose Health Workers Training Course, which is only recognized/approved by the State of Haryana on the ground that it is violative of University Grants Commission Act, 1956 and All India Council of Technical Education Act, 1987, besides other grounds as well. He further submits that interim orders in favour of the petitioners be maintained till three weeks from today so that they may file appropriate petitions challenging the vires of the statutory rules.

Prayer made by counsel for the petitioners is accepted. The writ petition is permitted to be withdrawn with liberty to file a fresh petition on the same cause of action, on same/similar and other grounds besides challenging the vires of the statutory rules governing the appointment to the posts of Multipurpose Health Worker (Male). The interim order shall continue to enure in favour of the petitioners as passed in this writ petition for a period of three weeks from today, whereafter it shall cease to operate."

The writ petition was withdrawn with a liberty to challenge the Rules stating that those Rules violate the University Grants Commission Act," 1956 (in short "1956 Act") and All India Council of Technical Education Act, 1987 (in short "1987 Act"), besides other grounds. Interim stay was allowed to continue for three weeks and liberty was granted to file a fresh petition on the same cause of action on the same/similar grounds besides other grounds challenging the vires of the Statutory Rules governing the appointment to the posts of Multipurpose Health Worker (Male).

We have gone through the paper book. There is no mention therein of norms or instructions issued under the 1956 Act and 1987 Act. Even reference has not been made to the provisions of the Acts and nothing has been stated that as to how the Statutory Rules in question violate the provisions of above said Acts.

At the time of arguments, it was frankly admitted by counsel for the petitioners that except reproducing the interim orders, earlier passed, as stated above and adding only two grounds, which are reproduced hereunder, nothing new has been said in this writ petition:--

"ii) That action of the respondent department not to consider the diploma passed by the petitioners from Manav Bharti University as approved inspite of the blanket decision (P-5) of the Government of Haryana, is on the face of it arbitrary and unreasonable.

The Haryana Government had taken a blanket decision (P-5) that all degrees & diplomas etc. which were issued by the recognized Universities and High/Higher Secondary Boards established by the State will also considered recognized ipso-facto. Inspite of the said blanket decision (P-5) not to consider the diploma passed by the petitioners from Manav Bharti University as approved diploma by the respondent department is on the fact of it arbitrary and unreasonable.

iii) That the government of Haryana cannot act arbitrarily not to approve The Multipurpose Health Workers Training Course passed by the petitioners from Manav Bharti University without any base or reason.

Although the Haryana Govt. had taken a blanket decision (P-5) that all degrees/diplomas awarded by the recognized universities shall consider to be recognized by the Government of Haryana and undisputedly the petitioners had passed their diploma from Manav Bharti University as a regular course and said University is a State private University and duly recognized by the U.G.C. But under the Rules it has been prescribed that the Multipurpose Health Workers Training Course will only considered recognized if approved by the Haryana Government. So the Haryana Government cannot act arbitrarily and not to approve the diploma awarded by the recognized University and the said Rules to that extent are liable to be declared arbitrary and unreasonable."

We have seen the grounds additionally taken in this writ petition. These grounds are fully covered, under the grounds taken in the earlier writ petition. As such, we feel that it was not open to the petitioners to file a fresh writ petition on the same cause of action which they have agitated before the learned Single Judge. Even headnote of the writ petition, filed earlier, is the same.

Counsel for the petitioners has failed to show us any violation of the norms fixed by the University Grants Commission as per the UGC Act or of the provisions of UGC Act or the 1987 Act. The counsel for the petitioners has advanced same argument, which was available before the learned Single Judge that the Statutory Rules enacted in the year 1984 runs contrary to the instructions issued on 18.3.1975 (Annexure PS). To say so, reliance has been placed upon Instruction No. 2 issued vide letter referred to above, which is reproduced hereunder:--

"2. The degrees and diplomas etc. which are issued by the recognized universities and high/her Secondary Board established by the State will also be recognized ipso facto."

Vide that instruction, it is stated that degrees and diplomas etc. which are issued by the recognized Universities and High/Higher Secondary Board established by the State will be recognized ipso facto.

Be that as it may, these instructions were issued prior in time to the framing of the Rules. The Rules came into existence in the year 1984 wherein it is specifically provided that Multipurpose Health Training Course from any Institution approved by the Haryana Government shall be valid for entry in service. There is nothing on record to show that the Certificate of above course from Manav Bharti University at Solan, Himachal Pradesh was ever approved by the Haryana Government. Once the Statutory Rules came into existence, the instructions issued prior thereto cannot operate. The instructions will not govern the Rules.

Rules can be declared null and void only when those Rules runs contrary to the Act or any provision of the Constitution. No such violation has been brought to our notice. Not only as above, for the same grounds which were available in the earlier writ petition, challenge cannot be allowed to be raised by filing a separate writ petition.

Dismissed.