Orissa High Court
Deepanshu Pradhan & Ors vs State Of Odisha & Others on 13 October, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.33823 of 2023
Deepanshu Pradhan & Ors. ..... Petitioners
Ms. Pami Rath, Sr. Advocate along
with Ms. S. Gumansingh, Advocate
Vs.
State of Odisha & Others ..... Opposite Parties
Mr. L. Samantaray, AGA
CORAM:
ACTING CHIEF JUSTICE DR. B.R. SARANGI
MR. JUSTICE R.K.PATTANAIK
ORDER
13.10.2023
W.P.(C) No.33823 of 2023
And
I.A. No.16360 of 2023
Order No. This matter is taken up through hybrid mode.
01. 2. Heard Ms. Pami Rath, learned Senior Counsel along with Ms.
S. Gumansingh, learned counsel appearing for the petitioners and
Mr. L. Samantaray, learned Additional Government Advocate
appearing for the State-opposite parties.
3. The Petitioners have filed this writ petition to declare Rule
9(v) of the Odisha Radiographer Service (Method of Recruitment
and Conditions of Service) Rules, 2019 at Annexure-5 series as
illegal, arbitrary and violative of Article 14 of the Constitution of
India and to quash the advertisement dated 15.09.2023 under
Annexure-4 to the extent that candidates having Bachelor of Science
in Medical Radiation Technology ("BMRT") degree should also
have Diploma in Medical Radiation Technology ("DMRT")
certificate as per clause-3(iv)(c) of the advertisement and further to
issue direction to allow the candidates having BMRT degree to
participate in the recruitment process in pursuance of Annexure-4
without insisting on DMRT certificate by declaring them as
qualified.
4. Ms. Pami Rath, learned Senior Counsel appearing for the
petitioners contended that the Government of Odisha in Health and
Family Welfare Department issued guidelines for counseling and
admission to first year degree, diploma and certificate courses of
Para Medical & Allied Medical Science and Lateral admission to
second year (third semester) courses of BMLT, BMRT, COA and
COSA in Government and Government approved private institutions
of the State. As per eligibility criteria for admission (through direct
entry), it appears that B.Sc. in Medical Radiation Technology
(BMRT) is a three years course and the candidates have to pass +2
Science with Physics, Chemistry, Biology and/or Mathematics from
a recognized Board of the country with minimum of 50% marks
(40% for SC/ST and 45%) for Physically Challenged candidates.
Similarly, Diploma in Medical Radiation Technology (DMRT) is a
two years course and the candidates have to pass +2 Science with
Physics, Chemistry, Biology and/or Mathematics as one of the
subjects from a recognized board of the country. It is contended that
for both the courses, i.e., BMRT and DMRT, the basic qualification
is to pass +2 Science with Physics, Chemistry, Biology and/or
Mathematics as one of the subjects from a recognized board of the
country, but the only difference is BMRT is three years course and
DMRT is two years course. Therefore, it is contended that BMRT
course is a higher course than DMRT course and, as such, the
candidates of BMRT course stand on better footing than the
candidates of DMRT course. It is further contended that Odisha Sub-
ordinate Staff Selection Commission issued an advertisement under
Annexure-4 dated 15.09.2023 inviting online applications for
recruitment to the post of Radiographer-2023 fixing eligibility
criteria that the candidates should have (a) passed +2 Science
examination under Council of Higher Secondary Education,
Odisha/equivalent; (b) passed Diploma in Medical Radiation
Technology from Government Medical College & Hospitals of the
State/any other private institutions recognized by Government of
Odisha or All India Council of Technical Education; and (c) if any
candidate has obtained higher qualifications like Bachelor in Medical
Radiation Technology (BMRT) or Master in Medical Radiation
Technology (MRT), he/she shall be eligible to apply, provided
he/she has obtained the basic qualifications, as stated above. It is
contended that confusion started from the eligibility criteria as
mentioned under clause (c) "the basic qualifications as above". The
basic qualifications have been indicated in sub-clauses (a) & (b),
meaning thereby unless one has got DMRT course, particularly from
Government Medical College & Hospitals of the State/any other
private institutions recognized by Government of Odisha or All India
Council of Technical Education, he/she cannot make application for
the post of Radiographer, even if he/she has got qualification of
BMRT or MRT courses. Thereby, it creates discrimination and, as
such, violates Article-14 of the Constitution of India. Thus, it is
contended that the qualifications prescribed in the notification
Annexure-5 series at page-133 of the brief, a candidate (i) must have
passed +2 Science Examination under Council of Higher Secondary
Education Odisha/equivalent, and passed Diploma in Medical
Radiation Technology from Government Medical College &
Hospital of the State/any other private institutions recognized by
Government of Odisha or all India Council of Technical Education;
and (ii) If any candidate has obtained higher qualifications like
Bachelor in Medical Radiation Technology (BMRT) or Master in
Medical Radiation (MRT) they shall be eligible to apply provided
they have obtained the basic qualifications as above. It is further
contended that even if the petitioners have got higher qualification of
BMRT, they cannot be eligible to make. Therefore, it creates
discrimination for making application, pursuant to advertisement.
Learned Senior Counsel appearing for the petitioners has placed
reliance on the judgment of the apex Court in Navtej Singh Johar
and others v. Union of India through Secretary, Ministry of Law
and Justice, (2018) 10 SCC 1, wherein the apex Court, while
considering Article-14 of the Constitution of India, has specifically
mentioned in paragraph-408 of the judgment that to be a reasonable
classification under Article 14 of the Constitution, two criteria must
be met (i) the classification must be founded on an intelligible
differentia; and (ii) the differentia must have a rational nexus to the
objective sought to be achieved by the legislation. There must, in
other words, be a causal connection between the basis of
classification and the object of the statute. If the object of the
classification is illogical, unfair and unjust, the classification will be
reasonable. If the said principle is taken into consideration, the
criteria, which has been fixed under Rule 9(v) of Odisha
Radiographer Service (Method of Recruitment and Conditions of
Service) Rules, 2019, will be ultra vires of the provisions contained
in Article 14 of the Constitution. Thereby, it is contended that the
advertisement so issued fixing aforesaid criteria cannot be sustained
in the eye of law.
5. In the opinion of this Court, the matter requires consideration.
6. Issue notice to the opposite parties.
7. Since Mr. L. Samantaray, learned Additional Government
Advocate appears on behalf of opposite party no.1, let an extra copy
of the writ petition be served on him within three days to enable him
to obtain instructions or file counter affidavit.
8. Requisites for issuance of notice to opposite parties no.2 & 3
by speed post shall be filed within three days. Office shall send
notice to the said opposite parties fixing a short returnable date.
9. Needless to say, since the candidates, having higher
qualification, i.e. BMRT qualification, are being deprived of making
applications because of Rule 9(v) of Odisha Radiographer Service
(Method of Recruitment and Conditions of Service) Rules, 2019 vis-
à-vis the advertisement issued, they should have been given equal
opportunity. Taking such fact into consideration, as an interim
measure, it is directed that the candidates, who have got BMRT
qualification, shall be permitted to apply for recruitment to the post
of Radiographer-2023 under Annexure-4 and appear in the
examination subject to validity of their applications, without
prejudice to their rights and contentions raised in the writ petition.
Further, opposite parties no.2 & 3 are directed to re-module the
portal so that the candidates shall make application through online
basis, otherwise they will accept hard copies of the applications.
10. Put up this matter on 09.11.2023 along with W.P.(C)
No.33679 of 2023.
(DR. B.R. SARANGI)
ACTING CHIEF JUSTICE
Signature Not Verified
Digitally Signed
Signed by: ALOK RANJAN
Alok SETHY (R.K. PATTANAIK)
Designation: Secretary
Reason: Authentication JUDGE
Location: orissa high court
Date: 13-Oct-2023 16:51:30
