VIKAS PRATAP SINGH RATHORE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner challenges constitutionality of Rules 5 (4) (a) of Chhattisgarh Multipurpose Male Health Worker Admission Rules, 2011 (for short "the Rules, 2011") on the ground that the same is based on unreasonable qualification. The brief facts, in nutshell, are that the petitioner has passed regular High School Certificate Examination (10 + 2) 2007 (Annexure P-2). Thereafter, the petitioner has obtained-Higher Secondary School Certificate Examination (10+2) from the Chhattisgarh State Open School, Raipur (Annexure P-3). The Rule 5 (4) of the Rules, 2011, provides for admission to training programme of Multipurpose Health Workers (MPW), wherein, the minimum qualification is 12th pass under (10+2) system or Higher Secondary School Certificate under old system with Physics, Chemistry & Biology subjects, as regular candidate. The petitioner impugns this provision, as the petitioner has obtained Higher Secondary School Examination Certificate (10+2) under Chhattisgarh State Open School and, as such, he was not eligible to be admitted to MPW training programme under the aforesaid Rule.

(2.) Shri Agrawal, learned Senior Counsel appearing for the petitioner submits that the petitioner has passed the Higher Secondary School Examination Certificate in Open School, which is not a part of regular course as prescribed for 12th examination under (10+2) system. Thus, the provision is discriminatory and arbitrary.

(3.) Shri Agrawal, further submits that even for appointment on the post of health worker, the qualification does not distinguished between regular student and other student, as the same provides for Secondary School Examination under old system or 12th Examination certificate under (10 + 2) system with one year training from Government or duly recognised MWP training center.