Himachal Pradesh High Court
Raveesh Ninta vs State Of H.P. Through on 15 September, 2021
Bench: Ravi Malimath, Jyotsna Rewal Dua
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 15th DAY OF SEPTEMBER, 2021
.
BEFORE
HON'BLE MR. JUSTICE RAVI MALIMATH,
ACTING CHIEF JUSTICE
&
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
CIVIL WRIT PETITION No. 3624 of 2021
r AND
CIVIL WRIT PETITION No. 3788 OF 2021
1. CWP No. 3624 OF 2021
Between :-
1. RAVEESH NINTA, S/O LATE
SH. BHAGA RAM, ADDRESS PADAM
COTTAGE MALYANA, TEHSIL AND
DISTT. SHIMLA, H.P. AGED ABOUT 31
YEARS.
2. RATTAN SINGH, S/O SH. LAL SINGH,
VPO-MIROO, TEHSIL NICHAR,
DISTRICT KINNAUR, H.P.
...PETITIONER
(BY MR. YOGESH KUMAR CHANDEL,
ADVOCATE)
AND
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2
1. STATE OF H.P. THROUGH
ITS PRINCIPAL SECRETARY
(HEALTH) TO THE GOVERNMENT OF
.
H.P., SHIMLA-2, H.P.
2. THE DIRECTOR HEALTH SERVICES
TO STATE OF H.P., SHIMLA-9, H.P.
3. H.P. STAFF SELECTION
COMMISSION, HAMIRPUR, THROUGH
ITS SECRETARY, DISTT. HAMIRPUR,
H.P.
4. H.P. PARA MEDICAL COUNCIL
THROUGH ITS REGISTRAR, ADDRESS
IGMC COMPLEX, SHIMLA-1, H.P.
...RESPONDENTS
(BY MR. ASHOK SHARMA,
ADVOCATE GENERAL, WITH
MR. RANJAN SHARMA, MR. VIKAS
RATHORE, MS. RITTA GOSWAMI,
ADDITIONAL ADVOCATE GENERALS
AND MS. SEEMA SHARMA,
DEPUTY ADVOCATE GENERAL
FOR R-1 & 2)
(MR. RAJINDER THAKUR, ADVOCATE,
FOR R-3)
(MR. AJAY KUMAR DHIMAN, ADVOCATE,
FOR R-4)
2. CWP No. 3788 OF 2021
Between :-
GREEN LATA, D/O SH. SOHAN LAL,
ADDRESS VILL.-DOON, P.O.
MASERAN, TEHSIL SARKAGHAT,
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3
DISTRICT MANDI, H.P. AGED
ABOUT 33 YEARS.
...PETITIONER
.
(BY MR. YOGESH KUMAR CHANDEL,
ADVOCATE)
AND
1. STATE OF H.P. THROUGH
ITS PRINCIPAL SECRETARY
(HEALTH) TO THE GOVERNMENT OF
H.P., SHIMLA-2, H.P.
2. THE DIRECTOR HEALTH SERVICES
TO STATE OF H.P., SHIMLA-9, H.P.
3. H.P. STAFF SELECTION
COMMISSION, HAMIRPUR, THROUGH
ITS SECRETARY, DISTT. HAMIRPUR,
H.P.
4. H.P. PARA MEDICAL COUNCIL
THROUGH ITS REGISTRAR, ADDRESS
IGMC COMPLEX, SHIMLA-1, H.P.
...RESPONDENTS
(BY MR. ASHOK SHARMA,
ADVOCATE GENERAL, WITH
MR. RANJAN SHARMA, MR. VIKAS
RATHORE, MS. RITTA GOSWAMI,
ADDITIONAL ADVOCATE GENERALS
AND MS. SEEMA SHARMA,
DEPUTY ADVOCATE GENERAL
FOR R-1 & 2)
(MR. RAJINDER THAKUR, ADVOCATE,
FOR R-3)
(MR. AJAY KUMAR DHIMAN, ADVOCATE,
FOR R-4)
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4
____________________________________________________
This petition coming on for admission this day, Hon'ble
.
Ms. Justice Jyotsna Rewal Dua, passed the following :
ORDER
The petitioners were in possession of essential qualifications mandated in the advertisement for the post in question. They participated in the selection process. Their result after completion of selection process was not declared on the ground that their certificate of registration with H.P. Para Medical Council bore a date beyond the cut off date prescribed in the advertisement. This decision of the respondents has been challenged in these writ petitions. Being companion matters, these petitions are being decided together. For convenience, reference to facts of CWP No. 3624 of 2021 has been made hereinafter.
2. Facts 2(i) Respondent No.3 H.P. Staff Selection Commission issued an advertisement on 02.03.2020 inviting applications for various posts. Under post Code no. 776, applications were invited for filling up 154 posts of Medical Laboratory Technicians Grade-
::: Downloaded on - 31/01/2022 23:04:51 :::CIS 5II. The eligibility criteria mentioned in the advertisement for the posts was as under :-
.
i) 10+2 in Science from a recognized Board of School Education.
ii) B.Sc. Medical Laboratory Technology/B.Sc.
Medical Technology Laboratory/B.Sc. Medical Technology (Laboratory)/B.Sc. Medical Laboratory Sciences/B.Sc. in Medical Laboratory Technology (Lateral) from a recognized University or an Institution affiliated to a recognized University.
iii) Should be registered with the Himachal Pradesh Para Medical Council for the above qualification.
Last date for determining the eligibility of all candidates in respect of essential qualifications and experience etc. was the closing date for submission of online applications i.e. 03.04.2020.
2(ii) The petitioners were in possession of educational qualifications required for the posts in question. However, they were not registered with H.P. Para Medical Council (HPPMC in short)-respondent No. 4. On 09.03.2020, they applied for registration with H.P. Para Medical Council and deposited the requisite charges. Both the petitioners were registered by the HPPMC provisionally on 18.07.2020 and 30.10.2020 respectively.
::: Downloaded on - 31/01/2022 23:04:51 :::CIS 62(iii) Last date for submission of the applications was extended by respondent No. 3 to 05.06.2020 vide public notice .
dated 26.05.2020.
2(iv) The petitioners appeared in the written test on 29.11.2020. The result of the written test of post Code No. 776 was declared on 03.03.2021. The petitioners were shown to have passed the test. The evaluation process was carried out by the respondents in March, 2021. The petitioners were permitted to participate in the evaluation process on 15.03.2021. Their documents were checked. The cases of the petitioners were not considered on the ground that their registration with H.P. Para Medical Council was accorded beyond the last date for applying i.e. 05.06.2020. It is in this background that the petitioners have filed instant writ petition claiming following substantive reliefs :-
"i) That the writ in the nature of certiorari may kindly be issued to quash and set aside the rejection of the petitioner's candidatures for Post Code-776 as per Annexure P-13.
ii) That the writ in the nature of mandamus may kindly be issued to the respondent Commission to treat the registration certificates dated 17.08.2020 and dated
30.10.2020 respectively of petitioners i.e. Annexure P-6 ::: Downloaded on - 31/01/2022 23:04:51 :::CIS 7 which petitioners have produced at the time of evaluation process as satisfying the registration condition of Post .
Code-776.
iii) That the respondent No. 3 shall be directed by issuing writ in the nature of mandamus to the respondent No. 3 that by treating petitioners eligible the candidatures of the petitioners shall be recommended in their respective category against the posts which remain vacant as per result notification dated 18.06.2021 i.e. Annexure P-12. The respondent department shall thereafter be directed to offer appointment to the petitioners as Medical Laboratory Technician Grade-II with immediate effect."
3. Contentions 3(i) Learned counsel for the petitioners submitted that the petitioners had applied for registration on 09.03.2020. Normally, such registration is accorded by Himachal Pradesh Para Medical Council within a period of 7 to 10 days in case the documentation of the applicant is complete. The petitioners had applied for registration with Himachal Pradesh Para Medical Council with complete documentation, however, for no fault of theirs, the provisional registration was accorded to them only on 18.07.2020 and 30.10.2020, respectively. The lapse was, therefore, not on ::: Downloaded on - 31/01/2022 23:04:51 :::CIS 8 part of petitioners. The petitioners satisifed the educational eligibility criteria at the time of applying for the posts. The .
petitioners had also applied for registration with Himachal Pradesh Para Medical Council (respondent No.4) on 09.03.2020.
Therefore, rejection of their candidature by respondent No. 3 for want of their registration with Himachal Pradesh Para Medical Council (respondent No. 4) as on 05.06.2020 deserves to be interfered with. Learned counsel for the petitioners also submitted that numerous posts of Medical Laboratory Technicians Grade-II are still lying vacant and that the petitioners can be easily accommodated and appointed against these vacant posts.
3(ii) Learned counsel for respondent No. 3 submitted that in order to become eligible for the post, a candidate had to satisfy the laid down eligibility criteria by the last date mentioned in the advertisement. The registration with Himachal Pradesh Para Medical Council was also one of the eligibility criteria. The petitioners were not registered with the Himachal Pradesh Para Medical Council by the last date. Therefore, non-consideration of their case for the posts in question was in order.
4. Observations We have heard learned counsel for the parties and gone through the record.
::: Downloaded on - 31/01/2022 23:04:51 :::CIS 94(i) The educational qualifications required for the post of Medical Laboratory Technician Grade-II was (i) 10+2 in Science .
from a recognized Board of School Education and (ii) B.Sc.
Medical Laboratory Technology/B.Sc. Medical Technology Laboratory/B.Sc. Medical Technology (Laboratory)/B.Sc. Medical Laboratory Sciences/B.Sc. in Medical Laboratory Technology (Lateral) from a recognized University or an Institution affiliated to a recognized University.
4(ii) The respondents do not dispute that the petitioners possessed the requisite educational qualifications for the posts in terms of the advertisement. The petitioners were allowed to participate in the selection process. Their candidature was rejected on the ground that during evaluation of their documents, it was found that their registration with Himachal Pradesh Para Medical Council was subsequent to the last date for applying.
4(iii) The last date for applying in terms of the advertisement was 03.04.2020. Vide public notice dated 26.05.2020, respondent No. 3 extended the last date of submission of applications upto 05.06.2020. The date was extended keeping in view the lockdown/curfew imposed to contain the spread of Covid-19. The petitioners applied for registration with the Himachal Pradesh Para Medical Council on 09.03.2020. Learned counsel for H.P. ::: Downloaded on - 31/01/2022 23:04:51 :::CIS 10 Para Medical Council i.e. respondent No. 4 during hearing of the case did not dispute the submissions made by learned counsel .
for the petitioners that normally, the registration is granted by respondent No. 4 within a period of 7 to 10 days in case the documentation of the applicant is complete. Respondent No. 4 has not even filed any reply to the writ petitions to contest the fact that the petitioners' documentation was complete. Therefore, it has to be presumed that petitioners' applications for their registration with HPPMC were in order. Despite this, the Himachal Pradesh Para Medical Council provisionally registered the petitioners only on 18.07.2020 and 30.10.2020, respectively.
The petitioners had taken steps and did what was required to be done at their end for getting themselves registered with the Himachal Pradesh Para Medical Council. They had applied for registration on 09.03.2020. It is not the case of the Himachal Pradesh Para Medical Council (respondent No. 4) that the cases of the petitioners for registration were faulty or their documentation was not complete. Under these circumstances, the petitioners' genuine assumption that because of Covid-19 pandemic, respondent No. 4 delayed their registration appears to be genuine. Even otherwise, respondent No. 4 has not given any explanation with respect to the delayed registration of the ::: Downloaded on - 31/01/2022 23:04:51 :::CIS 11 petitioners' qualifications. It is not the case of any of the respondents that petitioners did not possess mandatory .
educational qualifications at the time of submission of applications. At the time of evaluation of the documents i.e. on 15.03.2021, the petitioners produced their registration certificate of registration with Himachal Pradesh Para Medical Council.
4(iv) There is no denying the settled legal principle that an applicant has to satisfy the eligibility criteria by the cut off date mentioned in the advertisement.
r But as noticed in preceding paras, the situation in the instant case was peculiar. Petitioners possessed essential educational qualification on the cut off date mentioned in the advertisement. Dispute is about non-registration of their qualifications by HPPMC by the cut off date. Petitioners have made specific averments in the writ petitions about their timely applying for registration with HPPMC and delayed action on part of HPPMC due to Covid-19. The pleadings in this regard are extracted hereinafter :-
" That since when the advertisement is issued for the Post Code-776 and one of conditions mentioned in the advertisement is that candidates should be registered with the H.P. Para Medical Council both of the petitioners had submitted application for registration with the H.P. Para ::: Downloaded on - 31/01/2022 23:04:51 :::CIS 12 Medical Council i.e. respondent No. 4 on 09.03.2020 complete in all respects. The petitioner No. 1 herein is placing the receipt to this effect .
given by the H.P. Para Medical Council as Annexure P-4 bearing receipt No. 5319 dated 09.03.2020. It is further submitted that the petitioner No. 2 had also submitted his application for registration complete in all respects on 09.03.2020 and given receipt bearing entry No. 103 and receipt No. 5318 dated 09.03.2020. This fact respondent No. 4 shall be directed to verify by filing specific reply to about this fact. It is submitted that it is procedure followed by the office of respondent No. 4 that once the application for registration is moved before the respondent No.4, the office of respondent No. 4 will take a week or ten day time for scrutiny of the documents and on scrutiny if it found that application is complete in all respects then inform the candidates for the deposit of final registration fee and on filing the final registration fee registration certificate is issued. Last year when petitioners had submitted the application for registration then the extraordinary circumstances exist due to Covid-19 pandemic and the office of respondent No. 4 had not carried out scrutiny to the petitioners application immediately on making application and in fact office of respondent No. 4 had curtailed all its registration activity during this period and in between national lockdown was ::: Downloaded on - 31/01/2022 23:04:51 :::CIS 13 declared on the evening of 24th March, 2020. The respondent No. 4 office had curtailed the office work from 15.03.2020 onwards and no registration .
activity was carried out during this period. The respondent No. 4 had resumed its registration work after 5th June, 2020 i.e. extended last date of applying for the post in question as per extended date. Photocopy of Public Notice dated 26.05.2020 issued by the respondent Commission vide which respondent Commission had extended the last date of submission of online recruitment application as per Annexure P-1 is herein annexed as Annexure P-5."
Petitioners have also stated in the writ petition that the HPPMC did not carry out work of registration of degrees in the period between moving of applications for registration by them and the extended last date for submission of applications.
No reply has been filed by HPPMC to the writ petitions. The above factual assertions have gone uncontroverted. Therefore, it has to be presumed that petitioners had timely applied for registration of their qualifications with HPPMC. Their documentation was complete. HPPMC, which normally takes 7 to 10 days for registration of degrees, did not carry out registration work from 09.03.2020 (the date when petitioners applied for registration) to 05.06.2020 (extended last ::: Downloaded on - 31/01/2022 23:04:51 :::CIS 14 date for submitting application under the advertisement). Both the petitioners applied for registration on 09.03.2020 with complete .
documentation. One was issued provisional registration certificate on 18.07.2020 and the other on 30.10.2020. Petitioner in CWP No. 3788 of 2021 was issued certificate of registration on 11.08.2020. It is quite obvious that the petitioners had performed their part in time but HPPMC did not carry out the registration work. Perhaps respondent No. 3-the Staff Selection Commission was also aware of the situation, that's why it issued a notice on 01.06.2021 (post declaration of the result) to the following effect :-
"The final result for the above mentioned post was declared by the Commission on 20.05.2021. Immediately after the declaration of the result some candidates who were kept out of selection process by the Commission due to their registration issues with the H.P. Para Medical Council for B.Sc. (MLT) as on the last date fixed for receipt of applications i.e. 05.06.2020 and date of evaluation i.e. 12.03.2021 to 15.03.2021, submitted representations regarding their provisional registration status with the H.P. Para Medical Council prior to the date of issuance of their final registration certificate by the Council. Keeping in view the number of representations, the matter of recommendation of selection ::: Downloaded on - 31/01/2022 23:04:51 :::CIS 15 candidates has been kept on hold by the Commission with a decision to provide an opportunity to the following candidates for .
submission of requisite documents related to their provisional registration, if any, within 10 days from the publication of this notice on the website of the Commission, through the official email of the Commission i.e. [email protected] failing which their candidature will be decided as per the certificates/documents already available in the office of the Commission:-
x x x x x x x x x x x x x x x x x x x x x x"
Provisional Registration Certificates issued to the petitioners (CWP No. 3624 of 2021) by HPPMC were valid for one year. The registration certificate issued to the petitioner in CWP No. 3788 of 2021 was valid for three years. These certificates were valid on the date of petitioners' appearing in the written test on 29.11.2020 as well as on the date of evaluation of their certificates on 15.3.2021. Under the circumstances, rejection of petitioners' candidature on 18.06.2021 on the ground that they did not produce certificate of registration with HPPMC valid as on 05.06.2020 (last date for receipt of online applications) is not justified. Petitioners moved this Court on 30.06.2021. In the facts and circumstances of the case, interference with the impugned ::: Downloaded on - 31/01/2022 23:04:51 :::CIS 16 actions of the respondents in cancelling petitioners' candidatures at the stage of evaluation of their documents is called for.
.
It is borne out from the record that as on date, 71 out of 154 posts of Medical Laboratory Technicians Grade-II advertised vide Annexure P-1 dated 02.03.2020, are lying vacant.
These 71 posts include 24 posts of SC(UR) and 5 posts of ST (UR) i.e. the categories to which petitioners belong.
For all the aforementioned reasons, these writ petitions are allowed. The rejection list at Annexure P-13 is quashed qua the petitioners. Respondent No. 3 is directed to treat the candidature of the petitioners valid in their respective category for the posts of Medical Laboratory Technicians Grade-II advertised vide Annexure P-1 dated 02.03.2020, which are lying vacant as on date. Cases of the petitioners be considered accordingly and be taken to their logical conclusion within a period of three weeks from today.
( Ravi Malimath ) Acting Chief Justice 15th September, 2021 (K) ( Jyotsna Rewal Dua ) Judge ::: Downloaded on - 31/01/2022 23:04:51 :::CIS