KONA SRINIVAS Vs. STATE OF A P

JUDGEMENT

(1.) The multi pronged litigation is veering round the selections for appointment to the posts of Multipurpose Health Assistants (Males). It started with filing of O.A. No.6856 of 2002 before the Tribunal by seven candidates challenging the notification issued by the official respondents dated 20.7.2002 published in various news papers prescribing basic qualifications S.S.C. with M.P.H.A.(M) Training Course as illegal and arbitrary and contrary to G.O. Ms. No.273, dated: 24.4.1989 issued under proviso to Article 309 Constitution of India and for consequential direction to appoint the applicants to the post of M.P.H.A.(M) in Nalgonda District in accordance with the statutory rules. They also sought alternative prayer to declare the candidates, who obtained the M.P.H.A. one-year training certificate with S.S.C. qualification from the Institute of Public Health, New Delhi after cut of date 2.2.2003 were not eligible for being considered for the post. However, the litigation swelled enormously due to various intervening factors leading to cancellation of notification itself. In respect of private institutions, the Government sought to cancel their recognitions. All the aforesaid actions were challenged and they were decided by this Court in this batch of writ petitions.

(2.) It is necessary to refer to certain relevant facts for properly appreciating the crux of the issue.

(3.) Applicants in the O.A. passed Intermediate and thereafter they had undergone M.P.H.A.(M) training from Government institution. It is there case that in G.O. Ms. No.273, dated 24.4.1988, the Government prescribed the qualifications for appointment to the post of M.P.H.A.(M) as Intermediate plus diploma certificate and therefore, the notification ought to have prescribed the said qualifications in conformity with the provisions contained in G.O. Ms. No.273 and therefore, the notification is liable to be set aside. The Tribunal framed the following points for consideration: (i) Whether female candidates can be considered to the posts of M.P.H.A.(M)? (ii) Whether age relaxation can be given for receiving the applications of the applicants and permitting them to participate in the selection process? (iii) Whether the Intermediate Vocational Courses passed by some of the applications could be treated as proper and equivalent qualification to the technical qualifications prescribed under the specific rules covering the posts? (iv) Whether the qualifications prescribed of passing S.S.C. instead of Intermediate alone, in addition to the technical course, is sufficient, as mentioned in the notification with reference to statutory provisions and G.Os. covering recruitment rules? (v) Whether the candidates who did not secure certificates in proof of passing the technical courses due to one or the other reasons as follows could be considered for the selection process. (1)Not appeared for the written examination having completed the course (2) having appeared for the examination results not yet announced (3) with results announced but certificates not issued. (vi) Whether the applicants who have passed the courses from the institutions which are not recognised so far (or) derecognised by the Government can be considered for the selection process? (vii) Whether the applicants who obtained Diploma in Pharmacy with S.S.C. qualification can be considered for recruitment ignoring Intermediate qualification mentioned in Notification?