MITHLESH SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) BY this petition, the petitioner seeks quashing of the appointment order dated 08th April, 2010 issued by the respondent No. 3 in favour of the respondent No. 5 and further, to reconsider the case of the petitioner for appointment on the post of ECG Technician in Chhattisgarh Institute of Medical Sciences, Bilaspur (for short 'the CIMS') without specifying asto whether the petitioner seeks appointment in Medical College or in the Hospital as both the appointments were governed separately.

(2.) THE facts, in brief, are that the Dean, CIMS issued an advertisement on 09th September, 2008 inviting applications for several posts including 01 post of ECG technician under the unreserved category for appointment in the Medical College. Clause 3 of the selection process, inter alia, provided that the candidates having experience in the Medical College would be granted one mark for each year, upto maximum, five marks. One day before the said date, i.e. on 08th September, 2008, the Medical Superintendent, CIMS, had also issued an advertisement 03 post of ECG Technician, for appointment in the Hospital, 02 posts under the unreserved category and 01 post under the scheduled tribe category, having the same terms, conditions and qualifications. Subsequently, by amended advertisement (Annexure P/3) published on 26th September, 2008, the Dean, CIMS Bilaspur, amended the original advertisement dated 09.09.2008, and clarified that the award of one mark for experience of one year and maximum five marks, means that the marks would be awarded to the employees working in CIMS on contract/daily wages basis on the respective post on which he was working.

(3.) SHRI Paranjpe, learned counsel appearing for the petitioner would submit that in the meeting dated 16th July, 2008 (Annexure P/19) of Committee of the CIMS, presided over by the Departmental Minister, it was decided to award five marks to all the candidates who were working in CIMS only. Thus, granting marks for experience to the candidates who had worked in other medical college, is contrary to the resolution as well as the amended notification published on 26th September, 2008 (Annexure P/3). Thus, the appointment of the respondent No. 5 be quashed and the petitioner, being the employee of CIMS, be considered for grant of marks under the experience and thereafter, the respondents authorities be directed to appoint the petitioner on the post of ECG Technician.