DOMENDRA KUMAR SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this petition is to the provisional select list of Pharmacist Grade-II, pursuant to the advertisement dated 30.11.2011, wherein, the petitioner, after having participated in the selection process did not find place in the list.

(2.) The petitioner challenges the select list inter alia mainly on the ground that the authorities have given preference to the degree holders not the diploma holders for Pharmacist, when the qualification prescribed in the advertisement is Higher Secondary pass certificate or 10/12th pass in Science subject in 10+2 system with diploma in Pharmacist.

(3.) Learned counsel appearing for the petitioner submits that once the diploma was prescribed as one of the essential qualifications, the authorities cannot give preference or select those candidates who had degree in Bachelor of Pharmacy. According to learned counsel for the petitioner, it was also not mentioned in the advertisement that the minimum qualification is Diploma in Pharmacy only, not Bachelor of Pharmacy, which was higher qualification. Second contention of learned counsel appearing for the petitioner is that it amounts to change of procedure in the selection process specifically with regard to the qualification, as in the selection, the candidates having Bachelor of Pharmacy have been selected, which is not permissible in law.