- (1.) Petitioner No. 2 Anil Kumar had applied for appointment of the post of Multi Purpose Health Worker (Male) in response to advertisement dated 7.5.2006 (Annexure P-1) in the BC(A) category. The qualifications prescribed for the aforementioned post are Matric, knowledge of Hindi upto Matric standard and training course in respect of Multi Purpose Health Worker from an institution approved by the Haryana Government. The petitioner was declared ineligible for appointment on the aforementioned post on the ground that he has obtained diploma in respect of Multi Purpose Health Worker from Department of Health Service and Family Welfare Punjab. When the matter came up for motion hearing on 7.8.2006 while issuing notice of motion, we had issued interim directions to the respondents to permit the petitioner to appear for interview. Accordingly, the petitioner has appeared for interview and on our directions his result has been produced before us in a sealed cover. The sealed cover has been opened by the Bench Secretary and has been placed before us, which shows that petitioner No. 2 Anil Kumar has secured more marks in the B.C.(A) Category than the last candidate selected and appointed, who has secured 47.5 marks. The marks obtained by the petitioner are 48.63. It is appropriate to mention that on 20.9.2006, learned counsel for the petitioner has withdrawn the writ petition on behalf of petitioners 1 and 3 as the marks obtained by them were lower than the marks secured by the last candidate. Accordingly, writ petition has survived only in respect of petitioner No. 2 Anil Kumar.
(2.) The only question needs to be determined by this Court is whether Multi Purpose Health Workers (Male) Certificate issued by the Chairman-cum-Director, Health Services, Family Welfare, Punjab could be ignored by the respondent- state merely on the ground that the same has not been obtained from an approved institution of the respondent-state as per the requirement of advertisement, which in turn is based on Haryana Health Department Multi Purpose Health Supervisors and Multipurpose Health Workers Group 'C' Service Rules, 1984 (for short "1984 Rules"). The petitioner has placed reliance on the instructions dated 18.3.1975 (Annexure P-3) as well as other policy instructions dated 2.11.1999 (Annexure P-18). The latter instructions were issued by the respondent-State in pursuance to the directions given by this Court on 16.5.1997 in CWP No. 16320 of 1996 : (Ram Bhagat etc. v. State of Haryana and others, 1997 4 SCT 820). This Court had directed the respondent-state to appoint a committee headed by Secretary to Govt. of Haryana, Education Department to go into equivalence and recognition of the examinations/degrees/diplomas/certificates and similar other qualifications awarded by the institutions other than universities established by law or the deemed universities. A detailed evaluation of examination/degree/diploma courses and syllable was to be considered according to the policy decision for issuance of recognition and equivalence. Accordingly, the respondent-state framed a policy as the aforementioned instructions dated 2.11.1999 laying down inter alia that while imparting recognition/equivalence to any examination for the State of Haryana for the purpose of admission/recruitment, the opinion of the State Universities, School Education Board or the Technical Education Board may be sought. The case of the petitioner is that the diploma acquire by him is 1-1/2 years and the diploma conferred by the respondent-State of Haryana through its approved institutions is also for a period of 1-1/2 years.
(3.) In the written statement filed by Director Health Services (Malaria), Haryana in the connected CWP No. 12161 of 2006 which has also been adopted in the instant writ petition, it is asserted that the two institutions from Government sector, namely, State Health and Family Welfare Centre, Rohtak and Multi Purpose Health Workers (Male) Training School, Sonepat have been approved. In the private sector six institutions, namely, Guru Teg Bahadur Education and Health Centre, Narwana (Jind), Rajindra Institute of Health Sciences, Sirsa, National Institute of Medical Sciences and Welfare Society, Fatehabad, Jai Bajrang Bali Multi Purpose Health Workers (M) Training Centre, Mohindergarh, Balaji Institute of Health and Medical Education, Bhiwani and Kailash Institute of Health and Medical Sciences, Panchkula have approved.;