BHIMI RAM Vs. HP STAFF SELECTION COMMISSION
LAWS(HPH)-2021-1-36
HIGH COURT OF HIMACHAL PRADESH
Decided on January 04,2021

Bhimi Ram Appellant
VERSUS
Hp Staff Selection Commission Respondents

JUDGEMENT

SURESHWAR THAKUR,J. - (1.) In pursuance to, an, advertisement notice, borne in Annexure A-6, and wherethrough, applications, for 63 posts of Senior Laboratory Technician (Allopathy), were invited, from the eligible aspirants concerned, for the afore posts, being filled up, the writ petitioner also applied thereto. In contemporaneity to the advertisement notice, borne in Annexure A-6, the imperative educational qualification(s), and, other eligibility criteria, hence borne therein are extracted hereinafter: " i) (a) 10+2 examination pass or its equivalent from recognized Board of School Education/University. (b) One year Diploma in Medical Laboratory Technology from an Institution recognized by State Government OR B.Sc Degree in Medical Laboratory Technology from Himachal Pradesh University or equivalent Degree regognized bfy the State Government (Preference will be given to person holding graduate degree in Medical Laboratory Technology on regular). ii) Should be register with H.P. Para Medical Council for the above qualification."
(2.) The learned Senior Counsel, for the writ petitioner, argues that, though, he holds the prescribed therein educational qualification of 10+2 (Arts), and yet, his ouster from the selection process, or his not being offered the letter of appointment, hence comprises gross breach thereof, as his ouster, from the selection process, contravenes the prescription(s) therein(s), qua his possessing the educational qualification, inasmuch as, of, 10+2, without any further prescription therein, vis-a-vis, his completing the afore course, with Arts, or his undertaking studies in science, medical or nonmedical.
(3.) The vigour of the afore submission becomes waned, from the factum, of, a Corrigendum, borne in Annexure R-2-2, becoming issued on 08.09.2017, wherein, the afore possessing, of, certificate of 10+2 course, by the aspirants concerned, becoming qualified, inasmuch as, the aspirants concerned, holding the afore educational qualification(s), with theirs prosecuting studies in science subjects, whether medical or non-medical.;


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