IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP (T) No. 15404/2008 Reserved on: 14.10.2011 Decided on: 4.11.2011 _____________________________________________ Akash Kumar Chauhan & another. …Petitioners. Versus State of H.P. and others. …Respondents. _______________________________________________________ Coram: Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 Yes For the petitioners : Mrs. Ranjana Parmar, Advocate. For the Respondents: Mr. Vikas Rathore, Dy. A.G. with Mr. R.P. Singh, Asstt. A.G. for respondents No.1 and 2. Respondent No.3 already ex parte. ____________________________________________________ Justice Rajiv Sharma, Judge. Petitioners obtained diplomas in Laboratory Medical Technology and thereafter completed practical training. Respondent No.3 issued advertisement whereby applications were invited for filling up the post of Laboratory Technician. The minimum essential educational qualification for filling up the post of 1 Whether reporters of the local papers may be allowed to see the judgment? Yes 2 Laboratory Technician was 10+2 with Medical Science subject to having two years diploma in Laboratory Medical Technology. The last date for receipt of application was on or before 5.7.2007. Petitioner No.1 submitted an application for considering his candidature. Interviews were held on 13.7.2007. 2. Mrs. Ranjana Parmar has strenuously held that her clients were possessing the minimum essential qualification as per Recruitment and Promotion Rules and thus, the action of respondents of not considering the candidature of the petitioners was illegal, unreasonable and as such violative of Articles 14 and 16 of the Constitution of India. 3. Mr. Vikas Rathore, learned Deputy Advocate General has vehemently argued that the minimum essential qualification for the post in question as per the Recruitment and Promotion Rules notified on 16.12.2004 is 10+2 with science or its equivalent from a recognized Board of school Education/University and candidate should also possess diploma in Medical Laboratory Technology from an institution recognized by the State/Central Government. He also argued that the nomenclature of the post was changed vide notification dated 17.1.1987 3 from Laboratory Technician to Senior Laboratory Technician. According to him, only petitioner No.1 had appeared in the interview on 13.7.2007. Petitioner No.2 had not applied for the post in question. 4. I have heard the learned counsel for the parties and have perused the pleadings carefully. 5. Respondent No.3 is a society called “Rogi Kalyan Samiti”. It is not the Department of the State Government. It is open to the Rogi Kalyan Samiti to prescribe minimum educational qualification for filling up the post in question. This discretion cannot be denied to respondent No.3 – Rogi Kalyan Samiti. 6. Mr. Vikas Rathore, learned Deputy Advocate General has argued that the minimum essential qualification prescribed for the post in question was 10+2 with Medical Science subject to having two years diploma in Laboratory Medical Technology strictly as per Recruitment and Promotion Rules called “The Himachal Pradesh Department of Health and Family Welfare Senior Laboratory Technician (Class-III) (Non-Gazetted) Recruitment and Promotion Rules, 2004” notified on 16.12.2004. Respondents have placed on record the complete set of Recruitment and Promotion Rules old as well as new. 4 According to the old Recruitment and Promotion Rules called “H.P. Health and Family Welfare Department Subordinate Class-III Services (Recruitment and Promotion and certain conditions of service) Rules, 1971”. Against Sr. No. 47, the post in question was Compounders (Laboratory Technicians) Grade-I and Compounders (Laboratory Technicians) Grade-II. The minimum essential qualification was matriculation against Sr. Nos. 47 and 48. These Rules were amended vide notification dated 17.1.1987 whereby existing provisions in column No. 1,4, 7, 8, 10 and 11 against Sr. No. 47 of Annexure of the Rules were substituted and the nomenclature of the posts was changed to Senior Laboratory Technician. The essential qualification remained the same. However, Sr. Nos. 48 and 49 of Annexure of the Rules were also deleted. It is thus evident that the nomenclature of the post of Compounder (Laboratory Technicians) was changed to Senior Laboratory Technician. Recruitment and Promotion Rules of 1973 were repealed on 16.12.2004 by the Rules called “The Himachal Pradesh Department of Health and Family Welfare Senior Laboratory Technician (Class-III) (Non-Gazetted) Recruitment and Promotion Rules, 2004”. These Rules 5 were duly notified. According to these Rules, the minimum essential qualification for the post of Senior Laboratory Technician is 10+2 with science or its equivalent from a recognized Board of School Education/University and candidate should possess diploma in Medical Laboratory Technology from an institution recognized by the State/Central Government. Petitioners did not fulfill the minimum essential qualification as prescribed in the 2004 Rules. Thus, there is no illegality or arbitrariness in the action of respondent No.3 whereby petitioners were not considered for the post of Laboratory Technician. 7. There is no merit in the contention of Mrs. Ranjana Parmar that new Rules deal with the post of Senior Laboratory Technician and not Laboratory Technician. In fact, as noticed hereinabove, the nomenclature of the post of Compounder (Laboratory Technician) has been changed to Senior Laboratory Technician as per notification dated 17.1.1987. 8. In the instant case, the qualification prescribed cannot be termed as arbitrary. The scope of judicial review in these matters is very limited. It is only if the arbitrariness or unreasonableness is 6 established then the Courts can interfere and not otherwise. 9. Accordingly, in view of the observations and discussions made hereinabove, there is no merit in the petition and the same is dismissed. No costs. (Justice Rajiv Sharma), Judge. 4.11.2011 *awasthi*