Date Of Decision: 4Th January vs Hp Staff Selection Commission & ...
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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWPOA No. 3285 of 2020 Date of Decision: 4th January, 2021.

           Bhimi Ram                                                   .....Petitioner.
                                     Versus
           HP Staff Selection Commission & anr.                        ......Respondents.




                                                                                           .

           Coram

The Hon'ble Mr. Justice Sureshwar Thakur, Judge. The Hon'ble Mr. Justice Chander Bhusan Barowalia, Judge. Whether approved for reporting?1 Yes.

For the petitioner: Mr. B.M. Chauhan, Sr. Advocate with Mr. Manmohan Singh, Advocate.

For the respondents: Ms. Archna Dutt, Advocate, for respondent No.

Mr. Yogesh Chandel, Advocate, for respondent No. 2.

(Through Video Conferencing)

Sureshwar Thakur, Judge (oral).

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."

2. 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

Whether reporters of Local Papers may be allowed to see the judgment?

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-à-vis, his completing the afore course,

with Arts, or his undertaking studies in science, medical or non-

medical.

3. 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.

4. 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-à-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-à-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.

5. 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.

                                             (Sureshwar Thakur)
                                                    Judge
                       r                 (Chander Bhusan Barowalia)

     th
    4 January, 2021.                              Judge
     (raman/CS)