BISWAJIT SENAPATI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Petitioner in Writ Petition No. 8421 of 2009 prays to strike down or modify the qualification prescribed in the advertisement dated 25.5.2009 under Annexure-2 in respect of the post of Laboratory Technician to the extent that the qualification should be Diploma in Medical Laboratory and Technology of two years duration of an AICTE recognized institution. In Writ Petition No. 10259 of 2009, the Petitioner seeks to quash Annexure-9, a letter issued by the Ministry of Health and Family Welfare regarding the qualification of a Laboratory Technician.

(2.) The essential grievance of the Petitioners in both the writ petitions is that the letter issued by the Ministry of Health and Family Welfare as at Annexure-9 in Writ Petition No. 10259 of 2009 and the advertisement issued by the opposite parties in the Writ Petition No. 8421 of 2009, wherein 115 posts of Laboratory Technicians were to be absorbed are contrary to the Rules provided under the All India Council of Technical Education Act, 1987 and Rules framed there under.

(3.) The Orissa State Aids Control Society is a Society, which is fully owned and controlled by the State Government has issued the advertisement for appointment of 115 Laboratory Technicians, among other posts. The Petitioner is a Diploma holder in Laboratory Technician from the S.C.B. Medical College, Cuttack. It is also undisputed at the stage that the three Medical Colleges of the State are affiliated to the AICTE as far as the Diploma in Laboratory Technician course is concerned. The Petitioners in both the writ applications apprehended that the opposite parties may ignore them from the course and appoint persons who are not eligible as per the AICTE Rules as Laboratory Technicians and hence, these writ applications have been filed.