HASAN KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

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

(2.) Learned counsel for petitioners submits that petitioners are aggrieved by action on the part of respondents; whereby, petitioners are not allowed to undergo the training of Multi Purpose Worker and the reason shown by respondents is that petitioners have not possessed 10+2 examination with Science subject. It is submitted that action of respondents is contrary to the statutory rules i.e. the Madhya Pradesh Public Health & Family Welfare Department Non- Ministerial (related to Directorate of Health Services) Class-III, Services Recruitment Rules, 1989 (for brevity "Rules, 1989") governing the service conditions for the post of Multi Purpose Worker. It is submitted that as per Schedule III formulated under Rule 8 of the Rules, 1989, the candidate who is having the qualification of passing of 10+2 examination is entitled to get benefit of promotion. It is submitted that as per Schedule III, petitioners are having the qualification of Class XII and there is no need to pass 10+2 examination with Science subject.

(3.) Per contra, learned counsel appearing on behalf of respondent/State submits that petitioners have wrongly relied upon Schedule III as it pertains to Rule 8 of Rules, 1989 for Direct Recruitment and for the purpose of promotion as per Schedule IV [Rule 14 and 2(b)] the minimum qualification prescribed for the post of Multi-Purpose Worker is Class XII Examination with Science Subject. Since petitioners are not having the said qualification, therefore, they have not been sent to the training.