DR.DHANANJAYA Y.CHANDRACHUD, J. - (1.) By a judgment dated 31 March 2017 [WA No. 10580/2015], a Division Bench of the High Court of Karnataka, at Dharwad allowed an appeal filed against the judgment of the Single Judge [WP No. 63973/2009]. The Division Bench quashed the selection of the appellant to the post of 'Junior Lab Technician' in the first respondent and directed it to consider the case of the third respondent for appointment to the post. The appellant moved this Court in Special Leave Petition to challenge the decision of the Division Bench. Leave was granted on 1 October 2021.
(2.) On 2 September 2008, the first respondent issued a notification inviting applications for thirty-five vacancies in the post of 'Junior Lab Technician'. The notification bifurcated the available vacancies on the basis of category and stipulated the minimum qualifications required for selection. The relevant portion of the notification reads as follows: 1. Junior Lab Technicians:- General Merit 33 years, SC/ST/Cat. I, 38 years and for other category 36 years. Pass in PUC with Chemistry and Laboratory Technician Training Course or pass in SSLC and 2 years Vocational Diploma Course in Laboratory Technician or Pass PUC with Science and 2 years Laboratory Technician Course conducted by Para Medical Board, Karnataka or Pass in SSLC and 3 years Diploma in Medical Laboratory Technology in conducted by Para Medical Board, Karnataka.
(3.) Both the appellant and third respondent applied for the post in category 1(OBC) in which one vacancy was advertised. The Selection Committee consisted of the Additional Secretary, Department of Health and Family Welfare (Medical Education), Director of Medical Education, a representative of the Rajiv Gandhi University of Health Sciences and the Director, Principal and CAO of the first respondent. On 22 August 2008, the Selection Committee assembled to discuss the modalities of selection. It was decided that the percentage of marks obtained in the qualifying exam in the Laboratory Technician's Course would be converted to 85%. Of the 15% marks set out for the interview, 10% of the marks were to be set apart for the length of work experience and/or additional training in teaching hospitals of a medical college, with special preference to those who had worked in teaching hospitals of government/autonomous medical colleges. The remaining 5% marks were to be assigned to the personality of the candidate based on the viva-voce. The relevant extract of the Minutes of the Meeting is extracted below: "The Selection Committee consisting of the Additional Secretary, Health and Family Welfare Department (Medical Education), Director of Medical Education, representative of the Rajiv Gandhi University of Health Sciences, Director, Principal and CAO of KIMS, Hubli held a meeting on 22.12.2008 at 11.30 a.m. to discuss the modalities of selection (Advertisement is dated 02.09.2008, prior to this). It was decided that in order to select the most suitable candidates, proportionate weightage based on the length of experience and/or additional training to the extent of 10 marks be given to those candidates who had work experience and/or additional training in Medical college teaching hospitals and especially those who had worked in Government/ Autonomous Medical College Teaching Hospitals. It was agreed that the type of work in these institutions most closely resembled the working conditions at ' Karnataka Institute of Medical Sciences, Hubli and hence the candidates who had experience in such institutions would be the most suitable. It was also decided to set apart a maximum of 5 marks for the personality of the candidate and his/her presentation and performance. The marks obtained in the interview (maximum 15) would be added to the average percentage obtained in the qualifying examination reduced to 85%. The total marks thus obtained by the candidates would be tabulated in the order of merit and final list would be prepared based on the roster system." (emphasis supplied) The appellant scored an aggregate of 66.77%, while the third respondent scored 76.3% in the qualifying examination in the para medical course. The interview for the selection of candidates for the post was held on 22, 23 and 24 December 2008.;