LALIT KUMAR VIMAL Vs. SECRETARY HEALTH

JUDGEMENT

(1.) AT the outset it may be noted that of the 3 writ petitioners who had filed WP(C) 5396-98/2005, only 1 i.e. petitioner No.3 Sh.Dushyant Kumar Garg, survives to litigate as stated at the Bar by Ms.Avnish Ahlawat, Advocate who appears for the petitioners in the said writ petitions and thus we hold that qua petitioners No.1 and 2, the relief being granted would not enure to their benefit and the writ petition qua them is treated as having been dismissed as not pressed.

(2.) WE may additionally note that all the writ petitioners who had joined in a common action in respect whereof LPA No.1653- 58/2005 has been filed have not joined in further litigation. Of the 12 writ petitioners only 6 have joined in the Appeal and hence the benefit of this order would enure only to the credit of the 6 appellants in LPA No.1653-58/2005.

(3.) THE origin of the dispute is an advertisement issued by the Government of NCT Delhi (Department of Health & Family Planning). Various posts were advertised to be filled up. 44 posts of Technical Group IV (Biochemistry/Endocrine or Metabolic Lab/Dialysis Lab. (except Australia Entigen Unit) Gastrology Lab./Surgical and Medical Lab./Pathology/Clinical /Pathology/Blood Bank/Anatomy/Forensic Medicine/Micro Biology or Serology/Immunology/Parasistology/Physiology/Pharmacology /Prima House/Allergy Clinics/Tissue Collection Preservation) were advertised. Diploma in MLT (Medical Laboratory Technician) from a recognized institution was the essential educational qualification prescribed. 41 posts of Technician OT were also notified to be filled up and for which the educational qualifications prescribed was Diploma as OT (Room Assistant) from a recognized institution.