Sarla Devi vs State of Punjab

Rajesh Bindal, J.—The petitioner, who was a candidate for selection to the post of Medical Laboratory Technician Grade-2 advertised to be filled up in various Health Institutions in the State of Punjab, has filed the present writ petition with a grievance that her candidature has been rejected on the ground that she is not eligible for the reason that she has not passed Senior Secondary Part-II (equivalent to +2), though she possesses the Diploma in Medical Lab Technology and further she is even having the qualification of B.Sc. in Medical Laboratory Technology, which is a higher than diploma. Learned counsel for the petitioner submitted that the petitioner after passing her Matriculation examination in the year 2003 got admission in Diploma in Medical Laboratory Technology in Saint Kabir Polytechnic College, Fazilka, District Ferozepur, an institute recognized by Punjab State Board of Technical Education & Industrial Training. The basic qualification required for admission to the diploma in Medical Lab Technology is Matriculation as is evident from a notification dated 7.3.2001 issued by the Government of Punjab, Department of Technical Education and Industrial Training. Further as the qualification required for the post of Medical Laboratory Technician Grade-2 in the advertisement was Senior Secondary Part-II Examination with Science or its equivalent from a recognized university or institution and diploma in Medical Laboratory Technology from recognized university or institution, the petitioner was declared ineligible. In fact, there was anomaly for the reason that once the basic requirement for admission to Diploma in Medical Laboratory Technology is matriculation, all the candidates having that diploma will be matriculate and will not be having the qualification of Senior Secondary Part-II (equivalent to +2). Hence, the rejection of claim of the petitioner for appointment on that ground is erroneous.

Another submission made by learned counsel for the petitioner is that after passing her diploma examination, the petitioner got admission in B.Sc. in Medical Laboratory Technology in G.S.I.S.T., Garhshankar, District Hoshiarpur, affiliated to Punjab Technical University, which was passed by her and a degree was awarded on 26.2.2011. As the qualification of the petitioner was more than what was required for the post otherwise also the petitioner was required to be considered. In support of the submissions, reliance was made to a judgment of Full Bench of this court in Manjit Singh v. State of Punjab and others, 2010 (3) S.C.T. 703 : 2011 (1) SLR 583 and C.W.P. No. 20317 of 2011 Puneet Sharma v. Punjab State Agricultural Marketing Board and another, decided on 8.1.2013.

Learned counsel for the petitioner further submitted that at the time of issuance of notice of motion on 23.9.2011, this court directed that candidature of the petitioner be considered provisionally and the same shall not be rejected for want of minimum qualification. The petitioner was at Sr. No. 152 in the merit list in the written test against 390 posts advertised. She otherwise belongs to backward class category.

On the other hand, learned counsel for the State very fairly while referring to an order passed by this court in C.W.P. No. 15678 of 2011 Jaspal Singh and others v. State of Punjab and others, decided on 14.11.2013, submitted that an identical issue came up before this court pertaining to the anomaly in the basic qualification prescribed for appointment as Medical Laboratory Technologist by the Board, which is 10+2 whereas as per the Technical Department the minimum qualification required for admission in Diploma in Medical Laboratory Technology was Matriculation. This court in the aforesaid order directed that the State should find out some way to give right to compete to the candidates possessing matriculation as the minimum qualification, but at the same time without compromising with the quality of services needed in the larger public interest.

Further learned counsel for the State did not dispute that Full Bench of this court in Manjit Singh''s case (supra), had opined that the person with better qualification than prescribed in the advertisement has to be treated eligible for the purpose of consideration of his candidature for the post.

Heard learned counsel for the parties and perused the paper book.

As far as the issue regarding the petitioner not having the qualification of Senior Secondary Part-II along with Diploma in Medical Laboratory Technology is concerned, the same has already been gone into in Jaspal Singh''s case (supra), wherein this court passed the following order:-

"Mr. Ashok Aggarwal, Advocate General, Punjab, on instructions from the Principal Secretary, Medical Health Education, Punjab who is present in the Court, states that out of the three posts in dispute, the qualification required for admission to the Diploma Training Course for the Radiographers and Operation Theater Attendants is 10+2 only, and there are hundreds of eligible candidates who possess the same and have applied for the said advertised posts. As regards to the minimum eligibility conditions for admission to Medical Laboratory Technologist, he candidly acknowledges that there is an anomaly. The minimum eligibility condition for admission to the said Diploma Course as prescribed by the Board is 10+2 but the Technical Department admits matriculate candidates also who are directed to undergo three years'' diploma course. He, however, assures that some remedial measures will be taken to bring the uniform pattern of admission to Diploma Course of Medical Laboratory Technologist as well.

In the light of the above mentioned stand taken by the respondents, the interim order dated October 10, 2013 passed by this Court is modified with liberty to the respondents to continue with the ongoing selection process.

Meanwhile, we have impressed upon the Principal Secretary, Medical Education, Punjab to find a way out which may give right to compete to the candidates possessing matriculation as the minimum qualification, but at the same time without compromising with the quality of services needed in the larger public interest.

The mechanism to be adopted by the respondents for recruitment of Medical Laboratory Technologist can be given effect to the recruitment to be made henceforth. Some mechanism needs to be involved in respect of the candidates who have gained experience in ''public institutions''. The desirability of retaining them in the Govt. aided Societies or the Societies run by State Government also requires sympathetic consideration.

Let the necessary steps in this regard be taken not later than three months from the date of receipt of copy of this order."

In terms of judgment of this court Jaspal Singh''s case (supra), the case of the petitioner deserves to be considered if the petitioner is even matriculate with Diploma in Medical Lab Technology and B.Sc. in Medical Laboratory Technology, which is a higher qualification.

Still further the claim of the petitioner is that she has passed B.Sc. in Medical Laboratory Technology which is a qualification higher than the prescribed for the post, hence, in terms of Full Bench judgment of this court in Manjit Singh''s case (supra), her candidature is also required to be considered even if she-does not possess the qualification of Senior Secondary Part-II (equivalent to +2) along with Diploma, as degree in B.Sc. in Medical Laboratory Technology qualification is higher than the prescribed qualification. In Manjit Singh''s case (supra), the Full Bench of this court opined that the candidate having higher qualification than one prescribed for a post is eligible to be considered. His candidature cannot be rejected on that ground. Denying consideration to a candidate having better and higher qualification in the same line and discipline would result in breach of Articles 14 and 16 of the Constitution of India. It is another matter that such a candidate may not be entitled to any extra marks for his qualification.

In terms of the law laid down by Full Bench of this court in Manjit Singh''s case, the candidature of the petitioner is required to be considered for recruitment to the post of Medical Laboratory Technician Grade-2 having qualification of B.Sc. in Medical Laboratory Technology. For the reasons mentioned above, the present writ petition is allowed. The respondents are directed to consider the candidature of the petitioner in category she had applied and in case she is found fit appointment be given to her. Let the exercise be done within a period of one month from the date of receipt of certified copy of this order.