SABBIR KHAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B.D. Goswami, learned counsel appearing for the petitioner, Mr. D. Upamanyu, learned Standing Counsel, Health Department for respondent Nos. 1 to 5 and Mr. N.J. Khataniar, learned counsel appearing for respondent No. 7.

(2.) On 12.09.2017 an advertisement was issued by the Principal, Assam Medical College at Dibrugarh inviting online applications from eligible and interested candidates for filling up different post that are lying vacant in the Assam Medical College and Hospital, Dibrugarh including one post of Medical Record Technician (un-reserved category). The minimum educational qualification for eligibility for the post of Medical Record Technician given in the advertisement was HSSLC pass with Biology and Computer knowledge but for a candidate to be given preference, he or she must have gone through training in medical record technician training in a Government hospital/ medical college. The petitioner herein was not allowed to apply on the ground that he was not eligible as he did not have the minimum educational qualification required for eligibility to the post. On 14th September, 2017, the petitioner approached the Principal of Assam Medical College at Dibrugarh requesting him to permit him to apply for the post. The Principal through a marginal note on the application itself forwarded the application of the petitioner to the Director of Medical Education, Assam by stating that since the petitioner has been working in Medical College cum Hospital and since he has undergone training in MRT, his case may be considered sympathetically. On 20th September, 2017, the petitioner also submitted a similar application to the Director of Medical Education (Research & Planning), Assam through proper channel i.e. through the Principal of Assam Medical College, Dibrugarh and the same was once again forwarded. To make it short, the petitioner, thereafter, was given Admit Card to appear in the examination with his Roll Number as 181221-10040. The written examination was held as per the advertisement on 04.03.2018. xIn the result declared for the written test, only two persons including the respondent No. 7 were declared selected to face the next stage of the recruitment test. But the name of the petitioner did not find place in the select list. Being aggrieved and apprehensive that his candidature has been rejected since he did not have the required minimum educational qualification and for the same reason his written test paper have not been examined and hence, was not selected to face the skill test the petitioner has come before this Court challenging the advertisement and the select list of the written test and, at the same time praying for a direction directing the respondents to prepare a fresh select list or conduct a fresh selection process by modifying the minimum educational qualification.

(3.) The case of the petitioner as submitted by his learned counsel is that while serving as ward boy which is a Grade-IV post in the Assam Medical College Hospital, Dibrugarh he submitted an application to the Central Bureau of Health Intelligence, Directorate General of Health Services, Government of India, New Delhi requesting for inclusion of his name for the in-service training course on Medical Record Technician for the year 2014. His application was accepted and he was allowed to join the training course in Safdargunj Hospital Medical Record Department and Training Centre. After 6 months he completed the course and the Joint Director of Central Bureau of Health Intelligence through a letter dated 09.12.2013 requested the Principal cum Chief Superintendent of Assam Medical College Hospital to utilise the service of the petitioner appropriately for efficient functioning of the medical record department of the Assam Medical College and Hospital. Therefore, the petitioner is eligible and competent to occupy the post of Medical Record Technician in the medical college and hospital of Assam. As such, there is no reason why his candidature should not have been considered and the result of his written test should not have been declared. It is also submitted that for the post of medical record technician, Biology is not essential subject, therefore, inclusion of the same as one of the essential subject is not called for. Lastly, it has also been submitted that since the petitioner's service has been utilised in the maintenance of medical records after he passed the training, he is well acquainted with the nature of the work and he would be able to serve the hospital better than anyone else. Therefore, there is no reason why his candidature should have been rejected.