Sandeep Kumar Chamoli vs State Of Uttarakhand & Others

Pankaj Purohit, J

The writ petition has been filed by the petitioner seeking a writ of certiorari for quashing the order/letter dated 05.10.2023 issued by respondent no.3, selecting board, annexure-7 to the writ petition, whereby the candidature of the petitioner to the post code 103 “C.S.S.D. Technician” was rejected.

It is the case of the petitioner that the candidature of the petitioner was rejected for the reason that petitioner was not having the qualification given in the advertisement issued by respondent no.3 for supplying the vacancies in the cadre of Technician dated 13.08.2021. Petitioner has applied for the post of C.S.S.D. Technician.

From perusal of the advertisement, it is clear that the candidate for being eligible for making application in the said post requires the following qualification:-

S.No.

Designation

Educational Qualification

3.

C.S.S.D.

Technician

The candidate should have passed intermediate examination in Science from the Board of Secondary, Education, Uttarakhand or any examination recognized equivalent to it by the Government.

The candidate should have degree/ diploma in C.S.S.D. from an institute eligible for registration in Uttarakhand Para-Medical Council.

The candidate should have a certificate of registration in Uttarakhand State Medical Faculty or Uttarakhand Para-Medical Council.

It is mandatory for the candidate to have at least 02 years of work experience in related work in a medical institution recognized by the State Government

Since petitioner was not having the qualification at serial no.2 that he was not having the C.S.S.D. degree/diploma from a recognised institution, which enable him for registration with the Uttarakhand Para-Medical Council and for that reason, the candidature of the petitioner was rejected.

It is submitted by learned counsel for the petitioner that qualification which has been mentioned in the advertisement is not the same as is there in the Uttarakhand Medical Education Department Technician (Lab/O.T./C.S.S.D., Dental Etc.) Cadre Service Rules, 2020 governing the service of the Technical Cadre, for which the petitioner has also submitted his application form.

The attention of this Court is drawn by learned counsel for the petitioner to Rule 8 of the said Rules, wherein the qualification for O.T./C.S.S.D. Technician has been prescribed. Rule 8 of the Rules which provides for qualification for O.T./C.S.S.D. Technician is quoted below:-

Designation

Educational Qualification

O.T./C.S.S.D. Technician

The candidate should have passed intermediate examination in Science from the Board of Secondary, Education, Uttarakhand or any examination recognized equivalent to it by the Government.

The candidate should have degree/diploma in O.T./C.S.S.D. from an institute eligible for registration in Uttarakhand Para-Medical Council.

The candidate should have a certificate of registration in Uttarakhand State Medical Faculty or Uttarakhand Para-Medical Council.

It is mandatory for the candidate to have at least 02 years of work experience in related work in a medical institution recognized by the State Government.

From perusal of the qualification given in the Rule as well as in the advertisement, there is no manner of doubt that there is any deviation from the qualification given in the advertisement vis-a-vis the qualification given in the Rule.

Learned counsel for the petitioner submits that since the qualification for O.T. Technician/C.S.S.D. Technician are same, therefore, if the petitioner has applied for C.S.S.D. Technician, he can be considered for appointment and selection against the post of C.S.S.D. Technician, even he was not holding the qualification under the said Rules. He further submits that the qualification which the petitioner is in possession of, is diploma in O.T., which is a qualification for appointment on the post of O.T. Technician. In order to buttress his argument, learned counsel submits that while engaging the C.S.S.D. Technician on contractual or daily wager, the person having the O.T. diploma/degree qualification, has been considered and has been engaged but for the regular selections, they are pressing hard on the qualification meant for the C.S.S.D. Technician i.e. degree/diploma in C.S.S.D.

Per contra, learned counsel for respondent no.3 submits that there is no difference between the qualification, which has been prescribed under the Rules and that under the advertisement. Moreover, the requisition has been sent in which for the post of C.S.S.D. Technician, the qualification as given in the Rules has been prescribed and the same has been advertised.

Having considered the rival contention of learned counsel for the parties, there is no illegality in the order impugned as the petitioner, admittedly, submitted his application form for the post of C.S.S.D. Technician and it is also undisputed that petitioner is not having the qualification of C.S.S.D. diploma/degree.

In this view of the matter, this Court does not find any force in the writ petition. Accordingly, the same is dismissed.