LAWS(KER)-2002-7-43

ARUNKUMAR S Vs. STATE OF KERALA

Decided On July 02, 2002
ARUNKUMAR S. Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) THE petitioner has passed B.Sc MLT with more than 50% mark form Mahatma Gandhi University as is certified in Ext.P1. THE second respondent Regional Cancer Centre invited application for admission to Cytotechnologist course, counsel submits. Exts.P5(a) and (b) are the prospectus and the other relevant details. Even admittedly by the petitioner the required qualification for admission to the course as contained in clause 1(b) of Ext.P5(a) is Cytotechnicians with 5 years experience in Cytology/B.Sc MLT with one year experience in Cytology . Counsel submits that the petitioner comes within the latter part of this qualification namely B.Sc MLT with one year experience in Cytology. Ext.P1 says that the petitioner has passed B.Sc MLT but no separate experience certificate is pointed out by the petitioner s counsel. What the counsel submits is that one among the subject of study as mentioned in Ext.P1 certificate is Cytology and that was for more than one year period. THErefore that shall be taken as one year experience in Cytology.

(2.) I am at a loss to understand how an item for a course of study will add to the experience of the incumbent concerned over and above the qualification acquired by reason of such study. What is required is B.Sc MLT with one year experience not B.Sc MLT with any subject. Experience is something gained by practical application of what he had studied. Therefore there shall be acquisition of experience after acquiring the degree which the petitioner does not possess. What the petitioner had studied in respect of Cytology while undergoing Ext.P1 degree will not count towards his experience. That will only count toward his learning. So the petitioner lacks the experience required in terms of Ext.P5(a) and consequently the petitioner is not eligible for admission to the course. While considering the application, it cannot be expected from a Government Institution that every application which is not accepted shall be rejected by a communication addressed to the applicant concerned. It is not practical in a country where there are more than hundred crores of people. The Original Petition fails. Dismissed.