RAJENDRA SINGH NEGI Vs. NATIONAL CAPITAL TERRITORY

JUDGEMENT

(1.) The petitioners, namely, Rajendra Singh Negi, Shambhu Nath and Dushyant Kumar Garg, after passing Senior Secondary examination, i.e, 10+2, did one year Diploma Course in Operation Theatre Technology from Institute of Health and Hygiene, Mahipalpur, Delhi. In the year 2002, the 'Times of India' carried an advertisement from the Government of NCT of Delhi, Ministry of Health and Family Welfare, inviting applications for recruitment to 10 posts of Technical Assistants Grade II and 22 posts of Technical Assistants Grade IV falling in the description of para -medical staff. The petitioners applied for the jobs and were successful too. However, before they could receive actual letters of appointment, they ran out of luck. They were informed by the Govt. of NCT vide its communication dated 4th June, 2003 that their selection was provisional and that on scrutiny of their applications, they were found ineligible as the diploma certificate which they possessed was not from an Institute recognised by the Govt. of NCT, Delhi. Aggrieved by the stance, so taken, they approached the Central Administrative Tribunal but without success. Hence, this writ petition praying for quashing of communication dated 4th June, 2003, a direction for the issuance of letters of appointment for treating the diploma course done by them to be of a recognised institution and to grant them consequential benefits, such as, arrears of salary, seniority, promotion etc. along with their other batch -mates.

(2.) Are they entitled to the reliefs claimed ?

(3.) The Govt. of NCT of Delhi states that the posts in question are governed by Recruitment Rules and that so far as the petitioners are concerned, one of the qualifications for the post of 'Technical Assistants Group IV' is diploma in MLT from a recognised institution, and as regards the post of 'Technical Assistants Grade II', the requirement is Operation Room Assistants Course from a recognised Institution. The authority to give recognition to such diploma courses, it is alleged, is the Board of Technical Education, New Delhi or All India Council for Technical Eduction, New Delhi (AICTE). It further says that the Institute of Public Health and Hygiene, Mahipalpur, Delhi, from where the petitioners have done their diploma course is neither recognised by the Board of Technical Education, nor by the AICTE. Hence, the petitioners are ineligible for appointments.