KAMLESH KUMAR SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) BY this petition, the petitioner seeks a direction to the respondent No. 2 and 3 to accept the candidature of the petitioner ignoring/relaxing the condition No. 3 of the advertisement for the post of Ophthalmic Assistant, as Other Backward Class category.

(2.) THE facts, in brief, as projected by the petitioner are that advertisements dated 04.05.2012 (Annexure P/12) and 29.04.2012 (Annexure P/13) were issued by the respondent No. 2 and 3, respectively inviting applications for, inter alia, post of Ophthalmic Assistant. The last date of making application in the aforesaid advertisements were 30.05.2012 and 18.05.2012, respectively. The essential requirement for the post of Ophthalmic Assistant under the advertisement dated 29.04.2012 are that (i) the candidate should have passed class 12th under the 10+2 education system with Physics, Chemistry and Biology or must have passed B.S.C. first year, (ii) should have passed the two years course of Ophthalmic Assistant from any medical institute of the State or should have acquired diploma in Optometry and Refraction, (iii) the candidate should be registered with the Paramedical Council of Chhattisgarh and (iv) should have live registration in the employment exchange. In the advertisement dated 04.05.2012, the essential requirement for the post of Ophthalmic Assistant are that the candidate should be B.Sc. first year pass with Physics, Chemistry and Biology as subjects, should have passed the two years course of Ophthalmic Assistant from any medical institute of the State or should have acquired diploma in Optometry & Refraction and should have three months training of Ophthalmic camp, (iii) the candidate should be registered with the Paramedical Council of Chhattisgarh.

(3.) THE Supreme Court, in Ashok Kumar Sonkar v. Union of India & Others1, observed as under: