LAWS(P&H)-2014-1-352

SUNIL KUMAR Vs. STATE OF HARYANA

Decided On January 14, 2014
SUNIL KUMAR Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) PETITIONER has approached this Court assailing the action of the respondents in not permitting him to join on the post of Radiographer in pursuance to his selection against the vacancy reserved for a Scheduled Castes category in pursuance to the advertisement No.4 of 2008 dated 08.07.2008 (Annexure P -2).

(2.) IT is the contention of the counsel for the petitioner that the petitioner passed his three years' degree course from the Allahabad Agriculture Institute, Deemed University, in the year 2007. The session of period of his study was 2004 -07. The said course has been recognized by the Director, Distance Education Council (Indira Gandhi National Open University), New Delhi. In this regard, he places reliance upon the communication dated 05.12.2011 (Annexure R -2) received by the Director General, Health Services, Haryana, from the Indira Gandhi National Open University where it is mentioned that the 3rd Joint Committee of UGC, AICTE & DEC has granted one time post facto approval through distance mode till 2005 courses conducted by the Allahabad Agriculture Institute. It has further been stated that provisional recognition for one academic year i.e. 2007 -08 till Expert Committee gives its report, has also been granted. Provisional as well as post facto recognition has been granted to the Allahabad Agriculture Institute for offering programmes through distance mode which would include the period within which the petitioner has obtained his degree, copy whereof is appended as Annexure P -1. He, accordingly, submits that the action of the respondents cannot sustain and deserves to be set aside with a direction to the respondents to permit the petitioner to join on the post of Radiographer and also to grant him the consequential benefits.

(3.) I have considered the submissions made by the counsel for the parties and with their able assistance have gone through the records of the case.