ASHA RAM SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The challenge in the present writ petition is to the Annexure P-1 and P-3 dtd. 9/7/2018 whereby the action on the part of the respondents in declaring the petitioner ineligible for appointment to the post of Medical Social Worker on the ground that petitioner does not have the essential qualification from the recognized University, the respondents have declared him ineligible, thus the present writ petition has been filed.

(2.) The facts of the case is that an advertisement was issued by the respondent authorities on 30/9/2017 for filling up of the post of Medical Social Worker where the essential qualification in terms of the advertisement for the said post was Masters in Sociology with minimum 55% of marks and Diploma in Medical Social Worker Course and or an M.Phil in any related subject. The petitioner having done his graduation, has done his masters Course in Sociology from the MATS University for the academic session 2012-13. That he has also done Masters in Social Work from the C. V. Raman University. The petitioner applied for the said post and was permitted to participate in the written examination where the petitioner cleared the same and he was the most meritorious candidate in the written examination and his name appeared at serial no. 1 in the said list with 53 marks. However, when the impugned select list was published the name of the petitioner did not find place in the select list. The petitioner was vide another order issued on the same day on 9/7/2018 declared ineligible for not having the essential qualification from a recognized university.

(3.) This is the point of issue for considering before this Court where the qualification which the petitioner has is from the recognized university or not? Though, the learned counsel for the respondent no. 4 contends that petitioner does not have the essential qualification under the advertisement and therefore he is not otherwise also entitled for being appointed for the said post. The objection of the respondent no. 4 may not be relevant at this stage for the reason that this Court in the present writ petition is only testing the order by which the petitioner has been declared ineligible. The solitary ground of declaring him ineligible is the qualification to be not from a recognized university. There is no further ground available of which this Court would take cognizance of. His candidature has not been rejected on the ground of his not having the essential qualification rather it has been rejected only on the ground that it is not from a recognized university. Thus, it is for this reason that this Court has earlier held that the only issue to be considered is whether his qualification is from the recognized University or not?