IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP(T) No. 7939 of 2008 Date of decision: 5.1.2011 Ish Kumar Verma ….. Petitioner. Vs. State of H.P. and others …. Respondents. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1 No For the Petitioner : Mr. P.P. Chauhan, Advocate. For the Respondents : Ms. Ruma Kaushik, Addl. Advocate General with Mr. J.S. Rana, Assistant Advocate General, for respondents No.1 to 3. Mr. Ramesh Kaundal, vice Mr. H.K. Paul, Advocate, for respondent No.4. Kuldip Singh, J(Oral) The petitioner has prayed mainly the following reliefs in the petition:- (a) Quash the impugned action of the respondents whereby they have not called the applicant for written test being arbitrary, malafide and illegal; (b) Direct the respondents to hold fresh written test and consider the applicant for the remaining one post in accordance with his performance in written test and interview on merit; Whether the reporters of the local papers may be allowed to see the Judgment? Yes …2… (c) Quash the impugned order dated 28.11.2000 annexed with Annexure A-2 being illegal and arbitrary; (d) Quash the appointment of the respondent No.4 if regularised against the post of Medical Social Worker during the intervening period; (e) Declare the impugned instructions dated 30.11.1996 (Annexure A-4) to be illegal and ultra vires and quash the same. 2. It is not necessary to go in detail regarding the contentions raised by learned counsel for the parties on either side. The short point involved in the petition is regarding the eligibility of the petitioner for the post of Medical Social Worker. The learned counsel for the petitioner has drawn my attention to the relevant rules which provide the following eligibility/qualifications for the post of Medical Social Worker:- Medical Social Worker : Post graduate with Social Sciences;(ii) experience of occupational work in a big hospital,(iii) F.P. Social Worker (Sr.Grade) with degree in Sociology after 5 years experience. 3. The learned counsel for the petitioner has submitted that as per the clarifications given by the H.P. University, the Public Administration is a Social Science which is clear from letter dated 11.6.2001 of Section Officer (Academic) H.P. University. The learned counsel for the petitioner has submitted that the petitioner is having post graduate degree in Social Science namely Public Administration. He has also submitted that petitioner has experience of working as Radiographer in Din Dayal Upadhay Hospital,Shimla, a big Government Institution. The petitioner has failed to point out from the record that petitioner is F.P. Social Worker (Sr. Grade) with degree in …3… Sociology after 5 years experience. Thus even if it is assumed that petitioner fulfills first two qualifications as per rules but still he does not fulfill the 3rd requirement of F.P. Social Worker (Sr. Grade) with degree in Sociology after 5 years experience. This being the position, the petitioner is not eligible for the post of Medical Social Worker and his case was rightly rejected by the respondents. In the facts and circumstances of the case, since the petitioner does not fulfill the requisite qualifications for the post of Medical Social Worker in accordance with the Recruitment and Promotion Rules, there is no merit in the petition. Accordingly, petition is dismissed. The pending applications, if any, are disposed of. January 5, 2011 ( Kuldip Singh ) (sks) Judge.