Punjab-Haryana High Court
Rajan Mehta vs State Of Haryana on 16 April, 2024
Bench: G.S. Sandhawalia, Vikas Suri
Neutral Citation No:=2024:PHHC:051415-DB
2024:PHHC:051415-DB
LPA-917-2024 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
LPA-917-2024
Date of decision : 16.04.2024
Rajan Mehta
.......Appellant
Versus
State of Haryana and others
....Respondents
CORAM: HON'BLE MR. JUSTICE G.S. SANDHAWALIA, ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE VIKAS SURI
Present: Mr. Karan Singh, Advocate,
for the appellant.
Mr. Deepak Balyan, Addl. Advocate General, Haryana.
****
G.S. SANDHAWALIA, ACTING CHIEF JUSTICE ( Oral )
1. The consideration sought in the present appeal is to the order
dated 13.03.2024, whereby the learned Single Judge has dismissed the writ
petition (CWP-5778-2024) on the ground that the Diploma certificate, on the
basis of which the writ petitioner was claiming himself to be treated as eligible
for the post of Radiographer/Ultrasound Technician, was from a non-
recognized Institute, namely "Para Medical Council, Mohali". It was noticed
that in view of the instructions dated 18.03.1975, the Diploma relied upon by
the writ petitioner cannot be treated as valid by the Government of Haryana, as
it was not recognized even by the Government of Punjab. The alternative
argument, as such, of the writ petitioner was that there was another certificate
available with him, on the basis of which he was liable to be considered for
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appointment, which the learned Single Judge has rejected on the ground that it
was not the one which was attached by him with the application form.
2. We have perused the Statement of Marks dated 29.04.2010
(Annexure P-3) regarding the Diploma passed in Medical Radiography &
Imaging Technology of two years and issued by the Council of Paramedical
(Pb.). The corresponding Diploma certificate is dated 13.07.2010 (Annexure
P-4) which shows that the said Council was allegedly registered with
Government of Punjab and affiliated with the Open International University
for Complimentary Medicine established as per World Health Organisation,
Alma Ata U.S.S.R. Declaration 1962. The said certificate was duly examined
by the competent authorities and they rejected the claim, as such, vide
reasoned order dated 17.11.2023 (Annexure P-11), keeping in view the earlier
issues which had arisen whereby the candidates were claiming to have said
Diplomas.
3. Resultantly, the Secretary of the respondent - Commission, as
such, passed the order on the ground that the Committee had examined the
documents in view of the State Government Instructions dated 18.03.1975 and
list of recognized Universities by University Grant Commission on 25.01.2023
and submitted its report dated 18.10.2023. The Committee had then found that
the writ petitioner was not eligible for the post in question, as the Institute was
neither established nor recognized by the Punjab Government. The Director
Research & Medical Education, Punjab, vide public notice dated 12.08.2015
had informed the public that the certificates issued by Para Medical Council,
Mohali (Punjab) were not valid for Government job.
4. In such circumstances, we are of the considered opinion that once
the Expert Committee on the basis of the public notice issued by the Punjab
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Government had come to the conclusion that the said Council was not
recognized, the eligibility as such of the writ petitioner, being suspect, his case
cannot be considered for appointment.
5. Similarly, the argument raised by the writ petitioner that he is
having another certificate (Annexure P-6) for the same course, which was
issued in February, 2014, by Calorx Teachers' University, which is stated to
be established by State Legislature of Gujarat, could not have been relied upon
by the writ petitioner, as that certificate was never attached by him with the
application form. Even otherwise, we are puzzled that if the writ petitioner had
already got Diploma in the said course, why he had undertaken the same
course from an educational Institute, which is situated outside the State.
Having not appended it along with the application form, he cannot fall back on
the alternate certificate issued. Clause 3.1 of the advertisement in question
specifically provides that the scanned copies of essential academic
qualifications and all the documents showing higher qualification, on the basis
of which candidate claims marks, had to be uploaded with the application
form. Similarly, in the "Important Note" of the advertisement also, it was
mentioned that no change will be allowed after final submission of application
form and the candidate will be responsible for any mistake in the data of
application form. In such circumstances, being bound by the terms of the
advertisement, the appellant as such cannot claim to the contrary, as law has
been well settled by various Full Bench judgments of this Court, holding that
the advertisement is binding on the candidate. Reference can be made to a Full
Bench decision of this Court in Rahul Prabhakar Vs. Punjab Technical
University, Jalandhar, 1997 (3) S.C.T. 526.
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6. Resultantly, we are not inclined to interfere with the impugned
order passed by the learned Single Judge.
7. Appeal is, accordingly, dismissed in limine.
( G.S. SANDHAWALIA )
ACTING CHIEF JUSTICE
( VIKAS SURI )
JUDGE
April 16, 2024
ndj
Whether speaking/reasoned Yes
Whether reportable No
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