Suraj Bhan And Another Petitioners v. State Of Haryana And Others S

G.S SANDHAWALIA, J. (Oral).

1. The challenge in the present writ petition is to the communication dated 23.3.2007 (Annexure P/5) whereby the candidature of the petitioner No. 1 for the post of Multi Purpose Health Worker has been rejected on the ground that the candidate does not possess the requisite academic qualification on the cut off date.

2. The case of the petitioners is that they possess qualification of Matric and Diploma/Certificate Course of Multi Purpose Health Worker from All India Technical Association for Para-Medical Sciences and Alternative Medical Sciences.

3. A perusal of the said certificate would go on to show that the Institute is situated at Shastri Market, Sagarpur (West), New Delhi and the stand of the State vide letter dated 3.8.2007 (Annexure R-3/1) is that as per service rules of Multi Purpose Health Worker (Male), the diploma from the said Institute is not recognised for the said post. A perusal of the short reply filed on behalf of respondents No. 1 and 2 would further go on to show that the Haryana Health Department Multi Purpose Health Supervisors and Multi Purpose Health Workers Group ‘C’ Service Rules, 1984 provides the academic qualification for the post of Multi Purpose Health Worker in the State of Haryana i.e Multipurpose Health Workers Training Course from an Institution approved by the Government in addition to Matric and knowledge of Hindi upto Matric standand. The relevant portion reads as under:-

“i) Matric.

ii) Knowledge of Hindi upto Matric standard.

iii) Multipurpose Health Workers Training Course from an an Institution approved by the Government.”

4. Thus, once the petitioners do not fulfill the eligibility criteria as they have done their training from an Institution which was not approved by the Government, the right of consideration for appointment on the post of Multi Purpose Health Worker does not arise. Thus, no writ of mandamus can be issued in such circumstances.

5. Accordingly, the present writ petition is dismissed.