RAJENDRA SINGH Vs. STATE OF M P

JUDGEMENT

(1.) SHORT facts of the case are that the respondent No. 2 published an advertisement in the newspaper Nov Bharat dated 2.10.2002 wherein applications were invited for the five posts of Senior Treatment Supervisor out of which three posts were reserved for Scheduled Tribe, one post for Scheduled Caste and one post for Other Backward Classes. In the present case, the dispute is related to Other Backward Classes. Hence, this present petition has been filed.

(2.) SUBMISSION of the learned counsel for the petitioner is that the petitioner is Science Graduate (B.Sc), Post Graduate in Sociology (M.A.) and also possesses two years' training as Sanitary Inspector being qualified for the said post. The case of the petitioner has not been considered and the respondent No. 5 has been appointed as Senior Treatment Supervisor while he is less qualified. As per the advertisement, the requirement for the post of Senior Treatment Supervisor was Higher Secondary (10+2), Bachelor degree in Science or Arts, driving license of two wheelers. Apart from this, technical qualifications were required which are as under : Tuberculosis Health Visitor's recognized course and two years of work experience in the related field. OR Government recognized degree/diploma in Social Work or Medical Social Work with two years' experience in the related field. OR Successful completion of basic training course (Government recognized) for Multi purpose Health Workers or recognized Sanitary Inspectors Course with two years of field experience in the related field, AND Good communication skills in local language and willing to travel in the area of work.

(3.) THE learned counsel for the petitioner submits that so far as technical qualification is concerned, the petitioner has submitted the certificate of Sanitary Inspector Diploma and it was not necessary for any candidate to have all the technical qualifications as mentioned in the advertisement. Since the petitioner is having the diploma in Sanitary Inspector, therefore, the petitioner was eligible for the post. Learned counsel for the petitioner placed reliance on the decision reported in AIR 1981 (J&K) 27 [Mohd. Maqbool v. Chairman, District Recruitment Board] wherein it was held that where a candidate who fulfilled the educational qualification requirement prescribed in the advertisement notice for post of a teacher in the Educational Department was not selected for the post whereas a candidate who did not fulfil the said requirement was selected for the post, the selection of the candidate was vitiated on ground of being discriminatory when there was no provision for relaxation of qualification in advertisement notice.