- (1.) This petition filed under Article 226 of the Constitution survives only in respect of petitioner No. 4 Surender Singh son of Shri Dalbir Singh as the petition on behalf of other petitioners was not pressed on 20.9.2006 and accordingly the petition was dismissed as withdrawn on 20.9.2006 in respect thereto.
(2.) Petitioner No. 4 Surender Singh had applied for the post of Multi Purpose Health Worker in response to an advertisement dated 7.5.2006 (Annexure P.1) in the general category. According to the advertisement qualifications required for the post of Multipurpose Health worker is matric; knowledge of Hindi up to matric standard and Multi Purpose Health Workers Training course from an institution approved by the Haryana Government. His candidature was not accepted on the ground that he had obtained certificate course concerning Multipurpose Health Workers Training Course from a University not recognized by the State of Haryana. The petitioner has approached this Court with the grievance that the diploma possessed by him has been obtained from the Rajasthan Vidya Peeth which is a deemed University and accordingly the same is liable to be accepted by the respondents in view of the instructions dated 18.3.1975 (P.6). A copy of the diploma certificate has been placed on record as Annexure P.2. When the matter came up for motion hearing on 7.8.2006 then we have issued interim directions granting permission to the petitioner to appear for the interview which was then in progress. Accordingly, the petitioner was interviewed in the general category and on our directions, the result in a sealed cover has been produced. The sealed cover has been opened by the Bench Secretary and the same has been placed before us. A perusal of the result shows that the petitioner has secured total 49.25 marks out of 75 marks. The break up of his marks on the basis of his academic qualification is 32.25 marks out of 50 marks and he has secured 17 out of 25 marks in the viva voce test. The last candidate in the general category selected and appointed to the post of Multi Purpose Health Worker (M) has secured 49.25 marks.
(3.) The only question which requires consideration by this Court is whether the diploma certificate obtained by the petitioner from a deemed university would be considered as requisite qualification for appointment to the post of Multipurpose Health worker or the respondents could be permitted derecognize it declaring the petitioner as ineligible. Admittedly, he has acquired the qualification from a deemed university which is recognized by the University Grants Commission. The notification issued by the University Grants Commission dated 19.8.2003 (Annexure P-12) shows that Rajasthan Vidya Peeth is declared as a deemed university. The afore-mentioned notification which also deals with the changes made in the name of Rajasthan Vidya Peeth reads as under : "Rajasthan Vidya Peeth Udaipur was granted Deemed to be University status under the provisions of Section 3 of the University Grants Commission Act, 1956 (3 of 1956) vide his Ministry's notification No. F.9-5/84-U.3 dated January 12, 1987. The Central Govt. on the request of the Rajasthan Vidya Peeth and on the advice of the University Grants Commission hereby declare that the name of the Rajasthan Vidyapeeth, Udaipur is changed to Janardan Rai Nagar Rajasthan Vidyapeeth Udaipur, Rajasthan with immediate effect.";