Augustine George Masih, J. - (1.) PETITIONER has approached this Court assailing the action of the respondents in not permitting him to join on the post of Radiographer in pursuance to his selection against the vacancy reserved for a Scheduled Castes category in pursuance to the advertisement No.4 of 2008 dated 08.07.2008 (Annexure P -2).
(2.) IT is the contention of the counsel for the petitioner that the petitioner passed his three years' degree course from the Allahabad Agriculture Institute, Deemed University, in the year 2007. The session of period of his study was 2004 -07. The said course has been recognized by the Director, Distance Education Council (Indira Gandhi National Open University), New Delhi. In this regard, he places reliance upon the communication dated 05.12.2011 (Annexure R -2) received by the Director General, Health Services, Haryana, from the Indira Gandhi National Open University where it is mentioned that the 3rd Joint Committee of UGC, AICTE & DEC has granted one time post facto approval through distance mode till 2005 courses conducted by the Allahabad Agriculture Institute. It has further been stated that provisional recognition for one academic year i.e. 2007 -08 till Expert Committee gives its report, has also been granted. Provisional as well as post facto recognition has been granted to the Allahabad Agriculture Institute for offering programmes through distance mode which would include the period within which the petitioner has obtained his degree, copy whereof is appended as Annexure P -1. He, accordingly, submits that the action of the respondents cannot sustain and deserves to be set aside with a direction to the respondents to permit the petitioner to join on the post of Radiographer and also to grant him the consequential benefits. On the other hand, counsel for the respondents, again referring to the communication dated 05.12.2011 (Annexure R -2) submits that in the period 2005 -07, there is no recognition to the course in question and, therefore, the petitioner who has passed his course in the session 2007, cannot grant the benefit of the said communication in any case. He submits that a Committee was constituted by the respondents which has submitted its report dated 22.12.2011 (Annexure R -3) where the degree possessed by the petitioner has been found to be not equivalent to the degree/diploma held from the Medical College, Rohtak or its equivalent. He further states that the approval is also not forthcoming from the Regulatory Committee and, therefore, the degree of the petitioner has rightly been treated to be not recognized for the purpose of appointment for the post of Radiographer. Prayer has, thus, been made for dismissal of the petition.
(3.) I have considered the submissions made by the counsel for the parties and with their able assistance have gone through the records of the case.;