- (1.) The petitioners have approached this Court challenging order dated 18.09.1998 passed by the respondents No. 3 whereby the claim of the petitioners for appointment on the post of Lab/Pathological Technician (Trainee) in the consolidated pay of Rs. 2,000/- has been rejected. A further prayer seeking issuance of a Writ of Mandamus on respondent Nos. 2 and 3 directing them to appoint the petitioners on the said post, has also been made in the writ petition. The brief facts as stated in the writ petition are that, sometime in the year 1994, names were sent from the employment exchange for appointment on the post of Lab/Pathological Technician and the names of the petitioners were also duly forwarded. It is the case of the petitioners that the petitioners obtained diploma from Medical Laboratory Technology Institute, Kaloor, Kochin. The petitioners were issued admit card and a written examination was conducted on 28.12.1994 in which petitioners were declared successful and thereafter they were invited to appear in the interview and practical examination which were conducted sometime in the year 1995. However, the appointment letter was not issued and the petitioners were informed that since the diploma obtained by the petitioners is not a recognized diploma, they cannot be offered appointment. Thereafter, petitioners approached this Court by filing C.W.J.C. No. 4106 of 1996 (R), which was allowed with a direction to the respondents to decide the claim of the petitioners after affording reasonable opportunity to the petitioners. However, by the impugned order dated 18.09.1998 the claim of the petitioners was rejected on the ground that they were not possessing requisite qualification.
(2.) A counter-affidavit and supplementary counter-affidavit have been filed on behalf of the respondents asserting that although the Implementation Instruction No. 55 was amended on 14.11.1994, the requirement with respect to the requisite qualification, i.e. diploma from recognised institute, remained the same and since the petitioners are not possessing the requisite educational qualification, they were not appointed. It has further been stated that in a similar case in which a direction was given by this Court for appointment of a person on the post of Radiographer, who had also obtained diploma from the same institute, the Hon'ble Supreme Court interfered with the order passed by this Court, on the ground that a person not holding the requisite degree/diploma cannot be given appointment.
(3.) Heard learned counsel for both the parties and perused the documents on record.;