(1.) Leave granted.
(2.) The Appellants were appointed as Lab Technicians on contract basis in the National Rural Health Mission between the years 2001 and 2010. Their selection was pursuant to a notice that was issued by the State Programme Manager, National Rural Health Mission, Punjab. Their consolidated remuneration was fixed at Rs. 8,000.00 per month. An advertisement was issued by the Health and Family Welfare Department for recruitment to various posts on 26.07.2011. The said advertisement included 390 posts for the post of Medical Laboratory Technician (Grade-II). The qualifications prescribed for recruitment to the said post were that the applicant should have cleared the Senior Secondary Examination with science and must possess a diploma as a Medical Laboratory Technician. The above qualifications were on the basis of the Punjab Health and Family Welfare Technical (Group-'C') Service Rules, 2007 (hereinafter referred to as 'the 2007 Rules') which were notified on 11.06.2007. As per Appendix B to the said Rules, 75 per cent of the posts of Medical Laboratory Technician (Grade-II) shall be filled up by direct recruitment and the qualifications for appointment mentioned therein are as under:
(3.) The Appellants had passed matriculation and thereafter completed the diploma as Medical Laboratory Technician. The Appellants challenged the qualification of passing Senior Secondary examination for appointment to the post of Medical Laboratory Technician as prescribed by the 2007 Rules by filing a Writ Petition in the High Court. The Appellants also sought a direction that they should be considered for appointment to the posts of Medical Laboratory Technician which were advertised on 26.07.2011. It was averred in the Writ Petition that the Appellants completed their diploma as Medical Laboratory Technician prior to the enactment of the 2007 Rules. It was further averred that their admission to the course of Medical Laboratory Technician was on the basis of their existing educational qualification i.e. matriculation. By an interim order dated 19.12.2011, the High Court directed the Respondents to consider the Appellants for appointment to the posts of Medical Laboratory Technician (Grade-II) notwithstanding the fact that they did not have the requisite qualification of passing the Senior Secondary examination. The reason given for the said order was that the Punjab State Board of Technical Education and Industrial Training, Chandigarh had prescribed matriculation as the qualification for admission to the diploma courses like Medical Laboratory Technicians, even in the year 2011. Prima facie, the High Court found that prescribing a higher qualification of passing Senior Secondary School for appointment as Medical Laboratory Technicians was not justified. Thereafter, by another order dated 10.10.2013, the High Court directed the State Government to adopt a uniform pattern for qualification of admission to the diploma courses as well as to the recruitment to public posts. Taking note of the anomalous situation that was created by the Government, the High Court directed that no recruitment will take place till the uniformity as directed was brought about. By the impugned order dated 14.11.2013, the High Court disposed of the Writ Petitions on the basis of a statement made on behalf of the Respondents that remedial measures would be taken for bringing uniformity in the matter of appointments of Medical Laboratory Technicians with respect to their educational qualifications. The High Court observed that the Principal Secretary, Medical Education, Punjab should consider giving the appellants, who possess matriculation as the minimum qualification, a right to compete for appointment to the posts of Medical Laboratory Technician. The High Court observed that the mechanism to be adopted by the Respondents for recruitment of Medical Laboratory Technician shall be given effect to in the recruitments to be made 'henceforth'. Since the Appellants have gained considerable experience in public institutions the High Court directed that their continuance in the Government aided societies or societies run by the State Governments ought to be considered sympathetically. Aggrieved by the judgment dated 14.11.2013 of the High Court, the Appellants have filed the above appeals.