Punjab-Haryana High Court
Jagdish Singh vs Post Graduate Institute Of Medical ... on 30 October, 2014
Author: K. Kannan
Bench: K. Kannan
CWP No.17461 of 2014 -1-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP No.17461 of 2014
Date of Decision.30.10.2014
Jagdish Singh ......Petitioner
Versus
PGIMER and others ......Respondents
Present: Mr. Ajay Chauhan, Advocate for the petitioner.
Mr. P.K. Khindria, Advocate for respondent No.1.
Mr. Gaurav Chopra, Advocate for respondent Nos.2 and 3.
CORAM:HON'BLE MR. JUSTICE K. KANNAN
1. Whether Reporters of local papers may be allowed to see the judgment ?
2. To be referred to the Reporters or not ?
3. Whether the judgment should be reported in the Digest?
-.-
K. KANNAN J.
1. This order may be taken as a continuation of the order already passed on 09.10.2014. On the previous occasion, all the facts have been set forth and the issue for consideration was merely to examine the equivalence of the post of Operation Theatre Assistant for experience gained as a necessary qualification for securing admission for the medical technology course.
2. The counsel for the petitioner has secured the syllabus and the course curriculum for the B.Sc. Medical Technology (Operation Theatre) and the recommendation of the coordination committee as regards the Operation Theatre Assistant to canvass for the point that the post of Operation Theatre Assistant cannot be equivalent to CSR Assistants. For PANKAJ KUMAR 2014.10.30 17:24 I attest to the accuracy and authenticity of this document Chandigarh CWP No.17461 of 2014 -2- each one of the years amongst the three years, the lectures are essentially on operation theatre techniques, basic anesthesia drugs and techniques, surgical procedure techniques and other activity that would be relevant for performance of surgeries. It is only in the 2nd year, there is subject of sterilization techniques and CSSD accounts merely for 20 hours while the time for the other 7 subjects consumed more than five times i.e. 155 hours. Same way in the 3rd year, sterilization and specialized equipment occupies to 1/10th of the total time consumed for 8 other subjects. The first contention, therefore, was that in the manner of treatment of the subject of Operation Theatre the subject of Sterilization is indeed very limited. The recommendation of the Coordination Committee qua the post of Operation Theatre Department is that the post of Operation Theatre Assistant be created in the three All India Institutes namely AIIMS, PGIMER and JIPMER. The counsel points out that the Committee found that a post like Anesthesia Technician was only in JIPMER nor in AIIMS or PGIMER. The post of Operation Theatre Assistant was the same in AIIMS and PGIMER but in JIPMER, the post was Anesthesia Technical Assistant which the Committee recommended should be re-designated as Operation Theatre Assistant. Technical Assistant OT was only in AIIMS but not in PGIMER or JIPMER. Technician OT in AIIMS is Operation Theatre Technician in PGIMER and the recommendation was that it was to be designated as Technician. If we are, therefore, looking for equivalence for Operation Theatre Assistants, some of them have already been spelt out in the prospectus itself and it is very same of what is seen by the Coordination Committee. For instance, the prospectus itself states Operation Theatre PANKAJ KUMAR 2014.10.30 17:24 I attest to the accuracy and authenticity of this document Chandigarh CWP No.17461 of 2014 -3- Assistant/Anesthesia Technician/Theatre Master as falling in one category. The equivalence for the course of Operation Theatre Assistant does not signify any other particular post which the Coordination Committee has found to recommend for a redesignation for the sake of homogeneity. It is obvious that CSSD performs a different function of taking care of sterilization of equipments that could be relevant to the whole of the hospital, matters relating to anesthesia or equipments relating to surgery could be confined to operation theatres only. The counsel for the petitioner also states that an original application filed before the CAT, Chandigarh was on a plea that some of the staff in CSSD were asking for similar grade pay as applicable to Operation Theatre Assistants but that was not given and the matter is still subject of litigation before this Court.
3. The task sought to be invoked for Court to undertake is to find the issue of equivalence of two types of activities. In my view, it cannot be appropriately done by the Court, for, it lacks the technical expertise to know whether the knowledge obtained through experience in one area would be sufficient for during the course in a specialized area. The difference in the activities of Operation Theatre Assistant and in sterilization are too obvious to require any further elucidation but in my view, the persons who ought to consider the eligibility norm as satisfied by applying test of equivalence must be left only to the technical bodies. The line is truly thin between the various subjects of study and I will not find the challenge to the admission granted to persons with five years experience in CSSD could be faulted. Surely, for the future, I may state that it is always desirable that there is a great degree certainty PANKAJ KUMAR 2014.10.30 17:24 I attest to the accuracy and authenticity of this document Chandigarh CWP No.17461 of 2014 -4- brought in the prospectus itself. If a hospital has several departments and it is sponsoring candidates for a graduate course, it should detail the candidates who are eligible for such course in the particular post that they held without applying for expressions like 'equivalent post' or some such expressions that allows a subjective element to creep in. It should, on the other hand, be specific. With these words the case must depart. There is no scope for intervention.
4. The writ petition is dismissed.
(K. KANNAN) JUDGE October 30, 2014 Pankaj* PANKAJ KUMAR 2014.10.30 17:24 I attest to the accuracy and authenticity of this document Chandigarh