KIRAN BALA Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) PETITIONER has approached this Court, praying for quashing the appointment of Khushwant Kaur, respondent No. 4, to the post of Assistant Librarian on contract basis at Government Medical College, Patiala, being ineligible as she does not fulfill the basic educational qualification for the post i.e. diploma in library science and even does not have the requisite experience certificate. Briefly, the facts are that an advertisement was issued by the Directorate of Research & Medical Education, Punjab (respondent No. 2), inviting applications from the candidates for filing up various posts on contract basis at Medical Colleges, Amritsar and Patiala on fixed salary, including one post of Assistant Librarian at Medical College, Patiala. The last date for submission of the applications was 17.9.2010. The educational qualifications, terms and conditions and proforma of the application were mentioned to be available on the website of the Department. As per the terms and conditions for appointment, the qualifications prescribed for the said post were Matric/Higher Secondary with diploma of Library Science and Punjabi upto Matric standard. Petitioner, being eligible, as she passed 10+2 examination and had diploma in Library and Information Science from Kurukshetra University, applied for the said post. The petitioner also possessed Bachelor's degree of Library and Information Science, which she passed in the year 2009 from Kurukshetra University. The date of interview was fixed on 16.12.2010, on which date interviews of 7 candidates, who were found eligible out of 9 applicants, were conducted.

(2.) THE petitioner, during interview, came to know that official respondent Nos. 2 and 3, who were conducting interviews of the candidates, were also considering even those candidates as eligible who were not possessing the minimum qualification of diploma in library science, as advertised. Petitioner submitted a representation dated 24.12.2010 to the Secretary, Department of Medical Education and Research, Punjab, respondent No. 1. However, without taking any decision on the said representation, the result of the selection was prepared and published, selecting and appointing respondent No. 4 to the post of Assistant Librarian.

(3.) AS per the petitioner, the experience certificate obtained by respondent No. 4 does not fulfill the requirement as per the criteria fixed in the terms and conditions attached to the post, as per which the work experience shown in the experience certificate by the candidate should have been from any Government or semi -Government Institution for minimum period of six months. It has been further clarified that the experience certificate from the Government Institutions should have been certified by the Medical Superintendent or Civil Surgeon and if the experience certificate is of working in the semi -Government Institution, then it should be from the hospital of minimum 50 beds and copy of pay role of concerned issuing authority of the Institution duly signed from the Head of the Institution or Medical Superintendent or Directorate should be attached. In the experience certificate, report regarding behaviour of the employee for the abovesaid period was also to be mentioned and this experience certificate should be certified from Civil Surgeon of the District or competent authority of the office of the Labour Department at District level and latest statement of E.P.F. and photocopy of E.S.I. card should be attached.