KAPIL DEV Vs. STATE OF HARYANA

JUDGEMENT

(1.) In the present bunch of petitions, the grievance being raised by the petitioners is that they should be treated eligible so as to compete for 671 posts of Mid Level Health Providers-cum-Community Health Officers, (MLHPs cum CHOs) which were to be filled up on contract basis under National Health Mission in various Districts of the Government of Haryana.

(2.) Certain facts needs to be mentioned for the correct appreciation of the issue in hand. The advertisement dtd. 28/12/2020 (Annexure P-1) was issued by the National Health Mission, Haryana, for the recruitment of 671 posts of the Mid Level Health Providers-cum-Community Health Officers to be filled up on contract basis, which appointments were to be made in various Districts of Haryana as envisaged in the advertisement itself. The 671 posts were bifurcated in various Reserved Categories and different number of posts were available in different Districts of Government of Haryana.

(3.) As per the essential eligibility, certain eligible candidates were required to possess the essential qualification as mentioned in the advertisement itself. As per the Condition No. 3(i) of the eligibility criteria, the candidates were required to submit their final year detailed marks certificate (DMC) along with copies of all previous years detailed marks certificates at the time of document verification. The candidates who could not produce the final year DMC at the time of document verification, were declared ineligible for further selection process. The petitioners in the present petition are the ones, who were appearing in the final year of B.Sc (Nursing). Upto the last date of submission of application forms, their result of the said examination had not been declared upto the last date of submitting of the application form for the post in question i.e. 31/1/2021. The petitioners were provisionally allowed to compete on the ground that they were appearing in their final year examination which was a basic essential qualification which is required to be eligible so as to compete for the post in question and can produce the eligibility upto the date documents are verified.