ALL MANIPUR SCIENCE GRADUATE TWO-YEARS DEGREE COURSE ASSOCIATION Vs. COMMISSIONER AND ORS

JUDGEMENT

(1.) This Writ Petition has been filed by All Manipur Science Graduate Two years Degree Course Association. The Petitioners' Association has got 36 (thirtysix) members who are all Science Graduates in Two-Years Degree Course. The Director of Health Service, Respondent No. 3, and the Employment Exchange of Imphal, Respondent No. 4, issued an advertisement inviting applications for filling up of 61 (sixtyone) posts of Health Supervisors (Microscopist) as per qualifications notified by the Government on 10th June, 1996 (Annexure-A/6). All the members of the Petitioners' Association applied for the posts though the members of the Petitioners association are not Science Graduate Three Years B.Sc. or Two-years B.Sc (Hons) Course. It is submitted that Two-years Degree Course in B.Sc. has been replaced by three-years Degree Course for all purposes except for prosecution of higher studies in M.Sc. Course. Consequently, it is submitted that the members of the Petitioners association are also eligible for the posts of Health Supervisors (Microscopist). It is further alleged by the Petitioners that prior to 10th June, 1996 there was another Recruitment Rules for the posts of Microscopist and the qualification prescribed in the aforesaid Recruitment Rules (RRs) was Matriculate or HSLC or Equivalent trained in Malarialogy.

(2.) It is contended that there is no reason for the Govt. to change the earlier Recruitment Rules seeking a higher qualification for the same post and now Rules of 1996 cannot be applied in the case of present recruitment for 61 (sixtyone) posts of Health Supervisor (Microscopist). The Govt. issued a notification on 20th August, 1996 and in that notification it was stated that Admit Cards shall not be issued to the candidates who arc not eligible as per Recruitment Rules of 1996. The Petitioners sought a direction that the aforesaid notif cation dated 20th August, 1996 (Annexure-A/7) should be quashed.

(3.) It is further alleged that the Recruitment Rules (Annexure-A/7) should also be quashed being unreasonable and violative of Articles 14 and 16 of the Constitution of India.