SUMOKSHI TIWARI Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under Article 226 of Constitution of India has been filed seeking the following reliefs:

(2.) It is submitted by counsel for petitioners that an advertisement was issued for Group 5 (Paramedical and Nursing Group) Combined Recruitment Test-2022 by conducting the examination through Employees Selection Board, Bhopal. Petitioners submitted their application forms for the post of Audiometrist (Post Code - 23) by online. Admit cards were issued in favour of petitioners. Petitioners appeared in the examination and they were declared qualified. Name of petitioner No.1 appeared at Sr.No.2 of the merit list, whereas name of petitioner No.2 appeared at Sr.No.3 of the merit list. By letter dtd. 9/1/2023 issued by respondent No.2, candidates were directed for verification of documents. Respondent No.2 issued another letter dtd. 5/7/2023 pointing out the names of selected candidates, who were required to appear from 10/7/2023 to 12/7/2023 in the Government Autonomous Yunani Mahavidyalaya Menit Parishar, Bhopal for verification of documents. However, names of petitioners did not appear in the said list. Accordingly, petitioners approached respondent No.2 and thereafter, list containing the names of disqualified candidates was issued in which name of petitioner No.1 is mentioned at Sr.No.7 and name of petitioner No.2 is mentioned at Sr.No.8, according to which petitioners were declared disqualified on the ground that they do not hold minimum qualifications as required under the Rules as they are not having registration with Madhya Pradesh Paramedical Council. It is further submitted by counsel for the petitioners that petitioners have passed BASLP (Bachelor in Audiology & Speech Language Pathology) from New Delhi and accordingly, they sought information under R.T.I. from the office of Registrar, Madhya Pradesh Paramedical Council, who by letter dtd. 18/5/2023 informed that BASLP course is not included in the courses run by M.P. Paramedical Council. It is submitted that petitioners had got themselves registered with Rehabilitation Council of India, New Delhi because in Madhya Pradesh there is no institution running the course of BASLP. Under these circumstances, it is submitted that condition imposed by respondent in the advertisement to the effect that candidates must have registration with M.P. Paramedical Council is bad. If the course of BASLP is not available in the State of Madhya Pradesh, then petitioners cannot be disqualified only on the ground that they are not registered with M.P. Paramedical Council.

(3.) Per contra, petition is vehemently opposed by counsel for State. It is submitted that so far as conditions mentioned in the advertisement is concerned, petitioners after having participated in the recruitment process, cannot assail the same as now they are bound by principle of estoppel. It is further submitted that it is not the case of petitioners that for the post of Audiometrist except the course BASLP, no other course is available in the State of Madhya Pradesh. Merely because petitioners have passed BASLP from Rehabilitation Council of India, New Delhi, the same cannot be treated as par with the subjects run by Madhya Pradesh Paramedical Council.