Chattisgarh High Court
Vivek Kumar vs State Of Chhattisgarh on 21 June, 2022
1
AFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WA No. 208 of 2022
Vivek Kumar S/o Shri Prabhunath, Aged About 32 Years R/o Village And
Post Shiv Prasad Nagar, Surajpur, District Surguja (C.G.)
---- Appellant
Versus
1. State of Chhattisgarh Through Secretary, Public Health And Welfare
Department, Mahanadi Bhavan, Mantralaya, Atal Nagar, Nawa
Raipur, District Raipur (C.G.)
2. Director, Ayurveda, Yoga And Naturopathy, Unani, Siddha And
Homeopathy (Ayush) Chhattisgarh, D.K.S. Premises, District - Raipur
(C.G.)
---- Respondents
(Cause-title taken from Case Information System)
For Appellant : Mr. Ajit Kumar Singh, Advocate
For Respondents : Mr. H.S. Ahluwalia, Deputy Advocate General
Hon'ble Shri Arup Kumar Goswami, Chief Justice
Hon'ble Shri Parth Prateem Sahu, Judge
Judgment on Board
Per Arup Kumar Goswami, Chief Justice
21.06.2022
Heard Mr. Ajit Kumar Singh, learned counsel for the appellant. Also
heard Mr. H.S. Ahluwalia, learned Deputy Advocate General, appearing for
the respondents.
2. This writ appeal is presented against an order dated 22.03.2022
passed by the learned Single Judge in W.P.(S) No. 1890 of 2022,
dismissing the writ petition.
3. An advertisement dated 11.09.2019 was issued for filling up of the
post of Pharmacist (Ayurved). The last date of submission of application
was 06.10.2019, which was, later on, extended till 16.10.2019. The
petitioner responded to the said advertisement for appointment as
Pharmacist (Ayurved) Sarguja Division and participated in the selection
process in which he came out successful. The result of the examination,
pursuant to the advertisement dated 11.09.2019, was published on
11.06.2020.
4. The petitioner is having qualification of 12 th pass along with Diploma
Certificate of D.Pharma. However, the petitioner was not given appointment
on the ground that he did not meet the eligibility criteria as laid down in the
advertisement for the post of Pharmacist (Ayurved).
5. The petitioner obtained D.Pharma (Ayurved) degree on 01.10.2019.
He registered himself with the Madhya Pradesh Paramedical Council on
22.12.2020 and later on, registered under the Chhattisgarh Paramedical
Council on 03.06.2021.
6. The essential qualification prescribed under the advertisement,
amongst others, is that the candidate has to be registered under the
Chhattisgarh Sah Chikitsa Parishad Act, 2001 (hereinafter referred to as
'the Act of 2001').
7. Clause 3.3 of the advertisement indicated that the candidate, while
submitting online application, must have valid certificates issued on or
before the last date of submission of applications.
8. The petitioner having registered under the Act of 2001 only on
03.06.2021, evidently, he did not have the essential qualification as noted
above before the last date of submission of application.
9. Mr. Singh submits that contention was advanced by the petitioner
before the learned Single Judge that under the Chhattisgarh Public Health
(Indian Systems of Medicine and Homeopathy) Class-III Ministerial and
Non-Ministerial Services Recruitment Rules, 1987 (hereinafter referred to
as 'the Rules of 1987'), there is no requirement that to be eligible one has
to be registered under the Act of 2001 and therefore, even if the petitioner
did not possess such registration under the Act of 2001, the advertisement
having travelled beyond the Rules of 1987, candidature of the petitioner
could not have been rejected. Though the contention was noted, that
aspect of the matter was glossed over by the learned Single Judge, he
submits.
10. Perusal of the order of the learned Single Judge goes to show that
the learned Single Judge did not advert to this aspect of the matter and
solely on the ground that the petitioner had acquired registration under the
Act of 2001 after the final result of the recruitment process was declared,
rejected the writ petition.
11. It is to be noted that the writ petition was disposed of at the motion
stage before any return was filed by the State.
12. The petitioner, in support of the aforesaid contention, relies on an
amendment of the Rules of 1987, which was published in the gazette on
20.06.2008.
13. A perusal of the same goes to show that the qualifications prescribed
for the post of Compounder Ayurved / Pharmacist listed at Sl.No. 8 of
'Establishment of Field Organisation' are (1) Higher Secondary School
Certificate or (10+2) or first year of Bachelor's degree course passed from
any recognized Board / University and (2) Ayurved Compounder Training
Course or D. Pharma Ayurved passed from any Government or
Government recognized Institution. Thus, in terms of the above, the
petitioner has the eligibility criteria.
14. It will be appropriate to note that Sl.No. 7 of 'Establishment of Field
Organization', refers to the post of Pharmacist (Ayurved), Grade-I, for
which post, qualification prescribed is B. Pharma Ayurved degree from any
recognized University established by law. The petitioner does not have the
qualification prescribed for the above post.
15. Mr. Ahluwalia has placed before us a Notification dated 09.12.2015,
which was issued in exercise of powers conferred by the proviso to Article
309 of the Constitution of India, amending Rules of 1987. The said
notification was published in the gazette on 15.01.2016. Copy of the
gazette notification is also produced before us. The same reads as under :
"Naya Raipur, the 9th December 2015
No. F 2-41/2012/9/55-3.-- In exercise of the
powers, conferred by the proviso to Article 309 of the
Constitution of India, the Governor of Chhattisgarh
hereby, makes the following further amendments in the
Chhattisgarh Public Health (Indian Systems of
Medicine and Homeopathy) Class-III Ministerial and
Non-Ministerial Services Recruitment Rules, 1987,
namely,
-AMENDMENTS-
In Schedule III of the said rules :-
After entry number 2 of column (5) of Serial
Number 8, 9, 10 and 19, under Category - III :
(Divisional/State Level) of "Establishment of Field
Organization", the following Shall be added
respectively, namely :-
"3. Registered under Chhattisgarh Sah Chikitsa
Parishad Adhiniyam, 2001."
16. Thus, the qualification prescribed in the advertisement conforms to
the qualification prescribed under the Rules of 1987, as amended.
17. In view of the above, there is no substance in the argument of the
petitioner that the advertisement contained essential conditions which have
not been laid down in the Rules of 1987.
18. On due consideration, we find no justification to take a view different
than the one taken by the learned Single Judge. Accordingly, the writ
appeal is dismissed. No cost.
Sd/- Sd/-
(Arup Kumar Goswami) (Parth Prateem Sahu)
Chief Justice Judge
Chandra
