In the High Court of Punjab and Haryana at Chandigarh Civil Writ Petition No. 16038 of 2011. Date of Decision: August 30, 2011 Partap Singh and others ---Petitioners versus State of Punjab and another ---Respondents Coram: HON'BLE MR. JUSTICE M.M.KUMAR HON'BLE MR. JUSTICE GURDEV SINGH *** Present: Mr. Arvind Kashyap, Advocate, for the petitioners. *** 1. To be referred to the Reporter or not? 2. Whether the judgment should be reported in the Digest? M.M.Kumar, J. 1. This petition filed under Article 226 of the Constitution prays for declaration that the qualifications laid down in respect of the post specified at Serial No. 53 namely, Operation Theatre Assistant in Appendix “B” of the Punjab Health and Family Welfare Technical (Group 'C') Service Rules, 2007 (for brevity “ 2007 Rules”) is unreasonable and not in consonance with the eligibility conditions which use to be followed by the State in recruitment to the said post. 2. The basis of the challenge appears to be that before the enforcement of 2007 Rules Matriculation with Science subject plus Diploma Civil Writ Petition No. 16038 of 2011. -2- in Operation Theatre Techniques has been prescribed for the post of Operation Theatre Assistant and prescription of Senior Secondary Part-II with Science subject could not have been prescribed by 2007 Rules. 3. We have heard learned counsel at some length. Admittedly, the appointment to the post of Operation Theatre Assistant is 100% by direct recruitment and there is no bar on the rule making authority to prescribe new qualification for direct appointment to the post of Operation Theatre Assistant. Merely because Baba Farid University of Health Sciences, Faridkot, has advertised different qualification would not constitute a basis for holding that the rules which have been framed by the Punjab Health and Family welfare Department would be ultra vires. Those Rules of 2007 are not applicable to the posts which are to be filled up by Baba Farid University of Health Sciences, Faridkot. A perusal of the qualification advertised in Baba Farid University of Health Sciences, Faridkot(P-5) would show that Matric with Science/ 10+2 or its equivalent from recognized Institution with Science. Therefore, Item No. 53 dealing with the post of Operation Theatre Assistant in Appendix “B” of 2007 Rules could not be questioned on the ground that it is unconstitutional. There is no arbitrariness or discrimination discernible from the reading of the aforesaid advertisement. The petition is wholly without merit and does not warrant admission. 4. Dismissed. (M.M.KUMAR) JUDGE (GURDEV SINGH) JUDGE August 30, 2011 PARAMJIT